place
of
a parent]
(3) A grandparent
of
the child who is not in loco parentis
to
the child:
(i) whose relationship with the child began either with the consent
of
a parent
of
the
child or under a court order;
(ii) who assumes or is willing to assume responsibility for the child; and
(iii) when one
ofthe
following conditions is met:
(A) the child has been determined to be a dependent child under 42 Pa.C.S. Ch.
63
(relating to juvenile matters);
(B) the child is substantially at risk due to parental abuse, neglect, drug or alcohol
abuse or incapacity; or
·
(C) the child has for a period
of
at least
12
consecutive months resided with the
grandparent, excluding
brief
temporary absences
of
the child from the home,
and is removed from the home by the parents, in which case the action must
be filed within six months after the removal
of
the child from the home.
§ 5325. Standing for partial physical custody and supervised physical custody.
In addition to situations set forth in section 5324 (relating to standing for any form
of
physical
custody or legal custody), grandparents and great-grandparents may file an action under this
chapter for partial physical custody or supervised physical custody in the following situations:
(!)
where the parent
of
the child is deceased, a parent or grandparent
of
the deceased parent
may file an action under this section;
(2) where the parents
of
the child have been separated for a period
of
at least six months or
have commenced and continued a proceeding to dissolve their marriage; or
(3) when the child has, for a period
of
at least
12
consecutive months, resided with the
grandparent or great-grandparent, excluding brief temporary absences
of
the child from
the home, and is removed from the home
by
the parents, an action must be filed within
six months after the removal
of
the child from the home.
§ 5328. Factors to consider when awarding custody.
(a) Factors.--In ordering any form
of
custody, the court shall determine the best interest
of
the
child by considering all relevant factors, giving weighted consideration to those factors which
affect the safety
of
the child, including the following:
(l)
Which party is more likely to encourage and permit frequent and continuing contact
between the child and another party.
(2) The present and past abuse committed by a party or member
of
the party's household,
whether there is a continued risk
of
harm to the child or an abused party and which party