QUESTION
Can the father get primary custody after a paternity test if the grandmother currently has custody?
Asked on Apr 23rd, 2013 on Child Custody - Pennsylvania
More details to this question:
My boyfriend has a child who is almost a year old. The mother of the child did not tell us that he is the father until the baby was two weeks old. We've seen the baby twice when he was about a month old. A couple weeks after the last time we saw the child we got a phone call from the mother's brother telling us that we need to come get the child or CYS is going to take him. They called back later and said that they took care of it. To my understanding, the mother called CYS on herself and said she did not want her child anymore. Shortly after all this they moved an hour away. We have not seen the child since but heard that the mother no longer has custody. The mother said herself on facebook that her mom (the child's grandma) has custody, but they live together. The whole family is very unstable and "dirty." If the grandmother does have custody of the child and my boyfriend gets a paternity test and is proven to be the father would we be able to get primary custody?
1 ANSWER
3 Awards
Several issues. Grandparents have no right to custody unless they meet the criteria of the grandparental custody/visitation statute. I cannot explain all the criteria in this email, but the most important facts are how long the grandparent has had custody of the child, or stood in as a parent, while the biological parent is out of the picture due to, whatever, drugs, no housing, mental health. The more time the grandparent has the child, the more rights the grandparent has. Your BF needs to get an attorney and file for custody immediately if he really wants his child.
Answered on Apr 26th, 2013 at 12:22 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900