Asked on Sep 19th, 2013 on Child Custody - Pennsylvania
More details to this question:
The father is incarcerated, child is in the grandmother's home. Mother would like to get child. Police said that in the state of Pennsylvania the grandparent has equal rights to the mother and they can not get the child. Child was residing with mother at domestic violence shelter, mother is stable. Can she get her child?
See a lawyer. Grandparents have no rights to custody unless they meet certain criteria in the statute. The biggest criteria is that the grandparent has acted as a parent for the child for 12 months. If this switch in custody to the grandparent is recent, you may want to hire an attorney to file or if your court has pro se motions, do it yourself.
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