My daughter lives with the paternal grandparents of the farther of the child. They trick her in to singing over temporary custody of her child. I am the maternal grandparent and I want custody of my grandchild do I have more rights then them.
For a grandparent to have standing to file for primary custody of the child, the relationship with the child must have started either with the consent of a parent of the child or under a court order and the grandparent must be willing to assume responsibility for the child. In addition, one of the following conditions must be apply:
1) the child has been determined to be a dependent child under 42 Pa.C.S. Ch. 63 (relating to juvenile matters)
2) the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity;
3) 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.
If the grandparent does not meet the above, then the grandparent cannot file for primary physical custody. However, the grandparent (or great-grandparent) may still be entitled to visitation rights in the following situations:
(1) where the parent of the child is deceased;
(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.
Without knowing the particular circumstances of your case, it is unclear whether the paternal grandparents have more rights than you, but from what you have said it appears that they might.See question
The grandmother has primary physical custody and the father and i share legal. We have a court agreement confirming this but she went behind my back and the courts and gave her son our child. I am filing contempt of court papers but can he take me...
The grandmother is entitled to support from both of you if that is where you son is living. If he lives with his dad, then his dad is entitled to support from you. Domestic relations looks solely at where your son is sleeping at night. Whoever is housing him overnights is the one entitled to support regardless of what any custody order says. If the custody order is being violated, then you need to file contempt ASAP. It's the child right to be supported wherever he is, even if it's somewhere he shouldn't be because the custody order is being violated.See question
I just recently got married less than 6 months ago and we had bought a house together in that same amount of time. She has now left me to be with another man and said she will help pay for the mortgage but she doesn't know for how long. What are m...
The marital estate consists of anything acquired by either of you between the date of the marriage and the date of separation. If the house is a liability because it has negative equity, then the negative equity is what will need to be divided. If she is on the mortgage then you are both responsible to the lender, but the person living in the home will be responsible for the mortgage, taxes, and home owners insurance. If she makes more money than you then you can file for spousal support and seek a mortgage contribution.See question
My wife and and I are separated and she and my children have lived in Maryland for over 6 months. I live in PA, where we used to live as a family. Can I file for divorce in PA, and come to a custody agreement, even though the legal residence of th...
You may file for divorce in PA, but the custody case will have to be filed in Maryland if that is now the home state of the children.See question
Another boy meets girl in college story, thinking they're in love get pregnant - he is 7 years older than my daughter. He is not any more mature than a 16 year old and has no set future. She'd be in her junior year in college but of course took m...
Neither can really take the baby from the other. The mother should move back home with the baby and immediately file a custody complaint. The case will then be scheduled for a custody conciliation conference at which the parties, they attorneys, and the custody conciliator will try to reach an agreement, even a temporary one, which can be made into a court order that everyone can live with for now. Later, the case can either go back to conciliation or go to a hearing if the parties have a serious disagreement as to how things should be now and going forward.See question
I have a child custody order - I, the mother and father share legal custody and I, the mother have primary physical custody and the father has partial. A abuse incident accord with the father - I contacted child services but I would like to change...
You would need to file a petition for special relief to suspend the father's custody rights pending a hearing. You should have a lawyer help you, but you could possibly use the modification form and then cross out the title to say "petition for emergency special relief" and detail why you believe it is in emergency to suspend the other parent's rights at this time. You may not get immediate relief, but it should at least get the case expedited if the judge believes the allegations in the petition warrant expedited treatment.See question
My daughter's ex-husband has asked me to adopt their twin daughters because he no longer wants to be in their lives since the judge ruled he would not give him full or 50/50 custody. He was allowed three weekends a month. Her ex-husband didn't lik...
A petition to terminate parental rights and a petition for adoption would be filed by the person(s) adopting, not by the person whose rights are to be terminated.See question
I was granted an emergency pfa on my husband. My hearing is on the 17th of October, I'd like to still have contact with him so we can talk about counseling, and anger management for him. I still want the pfa, but be able to have contact with him.
You can request that the final PFA not be a "no contact" PFA. It can still prohibit him from abusing, stalking, or harassing you, but still permit communication.See question
Can a stepparent be named as next of kin/legal guardian in the event both a mother and father die?
A guardianship stipulation can be signed by both parents as well as the selected guardian. It would only take effect upon the death or incapacitation of both parents. Wiithout such an agreememt, chiild services could take the child and place him or her in foster care with an eventual goal of adoption, although the foster parent could be a relative or stepparent..See question
My Husband & I have shared custody of his two sons 9&10, one week on, one week off. They both told us about physical abuse against their step siblings. The 9yo told his therapist, she called CPS. Ever since, the boys are being emotionally abuse ...
If CYS didn't remove them or put a safety plan in place, then you probably will not get special relief. You should simply file a petition to modify custody and go through the normal process of trying to get primary physical custody. The judge will most likely interview the children about what is going on, so as long as the kids are as forthcoming to others as they are to you then the judge will understand what it going on.See question