More than three months after Father’s death, and more than two months after the court granted Mother’s petition to withdraw Father’s custody complaint and cancel the custody trial, Maternal Grandmother filed a petition to intervene in the custody litigation. The trial court granted Maternal Grandmother’s petition. The Pennsylvania Superior Court reversed, noting the appeal turned on the application of 23 Pa.C.S. § 5325(2). The Court held that the trial court erred in awarding standing to Maternal Grandmother based upon § 5325(2) because Father was no longer able to either assent or oppose Mother’s decisions regarding Maternal Grandmother’s custody.
