Full question:
My grandson who is 5 years old lived with us until he was 3 1/2 yrs. old. After my daughter moved out we continued to have him 3 days a week while she was at work. When he was 3 1/2 the father pursued visitation. Yesterday they took him from his mother. The father accused her of smoking marijuana. She claims her lawyer did not inform her that she was required to take a urine test at the hospital. The father lives in a different school district so a 5 year old child has had his life turned upside down. My grandson who is used to seeing his grandparents 3-4 times a week has been torn from us, his mother, and the school where he's been attending. Do I have any chance of filing and gaining physical custody through the week(when his mother had him) so that his life is not so terribly disrupted? And if so what steps do we take?
- Category: Divorce
- Subcategory: Grandparents Visitation
- Date:
- State: Pennsylvania
Answer:
The court can appoint a guardian for a minor under certain conditions, including:
- If all parental rights have been terminated or suspended.
- If both living parents consent to the guardianship, and the court finds it in the child's best interest.
- If one parent does not consent, but the court finds that the situation is intolerable for the child and the proposed guardian can provide a better living situation.
- If there is a de facto guardian and the non-consenting parent has not participated consistently in the child's life.
Relatives often petition for guardianship, especially in cases where child protective services have intervened due to abuse or neglect. You can petition the probate court for guardianship, which would allow you to care for and manage your grandson's needs. Standby guardianships are also an option, allowing parents to designate a guardian for their child without terminating parental rights, triggered by specific events.
It is advisable to consult with a local attorney who can review your specific situation and guide you through the process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.