Does my daughters father's girlfriend have rights?

Asked about 1 year ago - York, PA

I signed my rights away when my daughter was 3.5. I recently had them reinstated with her fathers consent. His ex took my daughter and moved to New Jersey. We did get her back and I have been reintroduced as her biological mother. She is now 10. We have discussed therapy for her and have agreed its a good idea. The courts have said that we follow a prior custody agreement which was 50/50. His ex says she is going to fight for custody for my daughter and her father is thinking that the best thing for her is to go back to NJ with his ex.I strongly disagree. He takes her around people that say I shouldn't be able to have no custody. I know I signed my rights away but at the time I did it because I could see how going back and fourth was hurting her and I thought it was the right thing for her

Attorney answers (3)

  1. Kathryn L. Hilbush

    Pro

    Contributor Level 18

    2

    Lawyers agree

    1

    Answered . No. The father does but not his girlfriend, at least not in PA. It's unclear where your order was entered and who it who shares 50/50 custody. I'm assuming that you share custody with the father, that you both reside in PA, and that a PA court issued the 50/50 custody order. You should consult your attorney about this issue, if you had one, or consult an experienced family law attorney in your area as soon as possible. I have no idea why the father wants to send her to his ex-girlfriend but there's something seriously wrong with this situation and you should really speak with an attorney. to protect yourself and your daughter

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  2. Rebecca Anne Myers

    Contributor Level 11

    2

    Lawyers agree

    Answered . I have to disagree with the Attorney who answered previously. Depending upon the circumstances, the girlfriend may have rights based upon in loco parentis standing. Basically if she performs a parenting role (i e attending to day to day needs, caring for child regularly, etc,bonding with the child like a parent) she could ask the Court to grant her standing to pursue custody. While it is an uncommon and very fact specific form of custody litigation, it does happen

  3. Susan J. Vandegrift

    Pro

    Contributor Level 14

    Answered . If the girlfriend doesn't have custody under the Court's Order, she will not prevail in a custody dispute since both parents are alive and in the picture.

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