Can we petition for custody of our granddaughter in PA?

Full question:

I live in PA. My granddaughter is visiting from FL & just informed me she is being sexually abused by her father (whom she lives with)(her mother lives here in PA. She does not want to go back to FL. She is 14 & consulted an attorney in FL & was told she would probably be taken from the home & placed in foster care & not allowed to leave the state until age 18. We are all for her leaving the house but we what to know if we will be allowed to petition the court to have her live with us in PA. Her mother has joint custody but he is the current custodial parent. We are trying to determine if we should send her back to contact CYS in FL, or if we should file from here

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: Pennsylvania

Answer:

There are several options available in this situation. You can report the abuse to Child and Youth Services (CYS) in Florida, petition the court to modify custody to grant sole custody to the mother, or seek to terminate the father’s parental rights.

Termination of parental rights can occur through voluntary relinquishment or judicial termination. The latter requires proof that the parent is unfit or poses a threat to the child. Courts may terminate parental rights if there is clear and convincing evidence of conduct that endangers the child's well-being or if the parent has been convicted of a child abuse offense. Termination ends the parent's rights to custody, visitation, and support obligations.

When a divorce decree is issued, the court retains jurisdiction to modify its orders. Custody can be modified if there is a significant change in circumstances, and any modification must be in the best interests of the child. A motion or petition is a formal request to the court; if granted, the court will issue an enforceable order.

Consulting a local attorney is advisable to review the specific facts and documents involved in your case.