I am a grandmother, who has raised her grandson for 7 of his 9 yrs. His mother has drug issues and was living with us for a couple years now. recently I was forced to throw her out now she wants to take him and he will not be safe with her
You should immediately file a complaint for custody against both parents. You have the right to file for custody under the Custody Act which is located at 23 Pa.C.S. 5324 which states that in addition to people who have standing to file for custody simply because they have been acting as the parent, a grandparent may also file for custody if 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 you wait longer than six months after the mother moved out then you can no longer file under this subsection so you should file as soon as possible.
The above answer is intended solely for general informational purposes and does not create an attorney client relationship. You should consult with an experienced attorney regarding all of the details of your particular situation before taking action.
A grandmother can get custody of her grandchildren if it is in the best interest of the children. It sounds as if Mother has some serious issues that could affect custody. You should contact an experienced family law attorney as soon as possible to discuss the case and to file a custody complaint before she takes her son. As the Mother, she has a right to take him unless there is a court order or at least a court action pending.
This answer is for informational purposes only. It does not establish an attorney client relationship.
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