section 5325(1) standing in Pennsylvania

2021Further, in awarding partial physical custody or supervised physical custody to a grandparent who has standing under Section 5325(1), the trial court must consider: (i) the amount of personal contact between the child and the party prior to the filing of the action; (ii) whether the award interferes with any parent-child relationship; and (iii) whether the award is in the best interest of the child. 23 Pa.C.S.A. § 5328(c)(1). -9- Therefore, this Court has specifically found that “[a]ll of the sixteen ‘best interest’ factors set forth in Section 5328(a), as well as the three statutory custody f

2021Further, in awarding partial physical custody or supervised physical custody to a grandparent who has standing under Section 5325(1), the trial court must consider: (i) the amount of personal contact between the child and the party prior to the filing of the action; (ii) whether the award interferes with any parent-child relationship; and (iii) whether the award is in the best interest of the child. 23 Pa.C.S.A. § 5328(c)(1). -9- Therefore, this Court has specifically found that “[a]ll of the sixteen ‘best interest’ factors set forth in Section 5328(a), as well as the three statutory custody f

2025See E.A., 259 A.3d at 499 .

2022Grandparents present the following issues for our review: (1) Did the trial court err as a matter of law in conflating standing for grandparents pursuant to the in loco parentis doctrine and standing pursuant to 23 Pa.C.S. § 5325? (2) Did the trial court err as a matter of law in dismissing grandparents’ petition for partial custody based on a lack of standing? (3) Did the trial court err as a matter of law in denying grandparents’ standing pursuant to the recently decided case of E.A., III v. E.C., [ 259 A.3d 497 (Pa. Super. 2021)]? (4) Did the trial court err as a matter of law in denying gr

2026See Pa.R.A.P. 1925(b)(4)(vii) (“Issues not included in the Statement and/or not raised in accordance with the provisions of this paragraph (b)(4) are waived.”); M.G. v. L.D., 155 A.3d 1083, 1092 (Pa. Super. 2017). ____________________________________________ 4 Moreover, at the time Mother filed her amendment preliminary objections on July 19, 2024, Maternal Grandparents standing was established in 2020 and they had sole legal and primary physical custody of the children for approximately nine months. -6- In issues four, five, six, and eight, Mother really is challenging the December 2020 order

2025In considering the child’s best interests, “the trial court is required to engage in a review of the . . . statutory best-interest factors applicable when making any order of custody.” M.G., 155 A.3d at 1100 (cleaned up).

2022See A.V. v. S.T., 87 A.3d 818 , 824 n.4 (Pa. Super. 2014); see also 23 Pa.C.S.A. § 5323(a) (“Award of custody”).

2018A.V. v. S.T., 87 A.3d. 818, 823 (Pa.Super. 2014).

2023The trial court must consider “[a]ll of the factors listed in section 5328(a) . . . when entering a custody order.” J.R.M. v. J.E.A., 33 A.3d 647, 652 (Pa. Super. 2011) (emphasis in original); see also D.R.L., 216 A.3d at 280 (“All of the sixteen ‘best interest’ factors set forth in Section 5328(a), as well as the three statutory custody factors pertaining to grandparents listed in Section 5328(c)(1), are required to be considered by the trial court when grandparents are seeking custody rights.”).

2022A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party. (14) The history of drug or alcohol abuse of a party or member of a party’s household. (15) The mental and physical condition of a party or member of a party’s household. (16) Any other relevant factor. 23 Pa.C.S. § 5328(a). (ii) whether the award interferes with any parent-child relationship; and (iii) whether the award is in the best interest of the child. 23 Pa.C.S. § 5328(c)(1).8 This Court has noted that, “[w]hile there is no required level of detail

2017We conclude, however, that the trial court did not err in denying Maternal Grandmother visitation rights (that is, partial physical custody) under Section 5324, without prejudice to Maternal Grandmother’s right to seek visitation under Section 5325 in an appropriate separate proceeding. ____________________________________________ 9 We have omitted from this quotation a portion of Section 5325(2) that our Supreme Court held unconstitutional in D.P. v. G.J.P., 146 A.3d 204, 217 (Pa. 2016). - 16 - J-A33028-16 In sum, having discerned no error of law, we affirm.