my son never seen his fathers mother since he was born I try to let her come see him she says shes going to come and never show up he is 8 years old don't know what she looks like her name nothing and I just got a paper in the mail stating that is she taking me to court for partial physical custody can she get rewarded partial physical custody? if any grandparent that should get rewarded should be my mom that is the only grandmother he knows besides my husbands mother
Thank you for your question. In order for a grandparent to get partial or even shared custody they have to have "standing" in order to bring the complaint.
In Pennsylvania, under 23 Pa.C.S. 5323, in order to have standing, a grandparent of the child who is not in loco parentis (acting in the place of the parents) 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 of the 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.
The same holds true if the grandparent is seeking partial custody (23 Pa.C.S. 5325) whereby, 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 for partial physical custody or supervised physical custody in the following situations:
(1) 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.
If an action has been filed, as you state, you need to consult a family law attorney, like myself, immediately to protect yourself and your child. Good luck.
In Pennsylvania, grandparents can file for partial physical custody of their grandchildren under certain circumstances. If the parents are estranged (no longer together) or one parent has died, grandparents can sue for partial custody/visitation. In light of the lack of contact over the first 8 years of your son's life, it is unlikely that the paternal grandmother would be granted any significant time with the child. Also, if there are legitimate reasons why the child should not establish a relationship with the grandparent, that may result in limited to no contact. You should consult with an attorney so that you can address all of your concerns.
The answer will depend on where your son's father is, and his status with your son. Is he around? Is he an active part of your son's life? Is he alive? Grandparents can have certain limited custody rights under the law by standing in loco parentis, or in place of a parent, if the court agrees that it would be in the best interests of the child to have contact and/or visitation with the grandparent. You should consult further with a family law attorney of your choosing to further assess whether or not your son's paternal grandmother would actually have any rights in this instance and what her likelihood of success would be in court with her claim.
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