QUESTION
I want to gain full custody of my daughter, what are my chances?
Asked on Apr 17th, 2013 on Child Custody - Pennsylvania
More details to this question:
I am a father wanting to gain full custody of my daughter who is now 2.5. Approximately 2 years ago my Ex married a man in the military. He is stationed in Georgia. My ex left my daughter behind with her parents. My ex only comes back to PA when I file for a mediation, stays for a week then disappears. My ex's parents tricked me into signing a guardianship paper for my daughter. She now has another child, who also lives with her in GA. The only prof that I have that she isn't here is based on what I find on social media sites.
2 ANSWERS
David M. Axinn
If you pursue this, and can prove that the child is in fact living with the grandparents rather than the Mom, your chances are good. Although non-parents sometimes get custody, where there are good reasons, the law is strongly in favor of children being raised by a parent. To prove your case, you may need to go to an evidentiary hearing. You should discuss the facts and circumstances with a family lawyer, who can help you begin this process.
Answered on Apr 19th, 2013 at 1:03 PM
3 Awards
You need to sit down with a local lawyer who can look at the docket on line, or in the courthouse, to see what has happened and also look at the "guardianship" document you said you signed. Grandparents normally don't have custody rights unless they meet the criteria of the statute. Having custody of the child may help them have standing to assert custody against you. A lawyer could help get exact addresses for the mother and would know how to question her in court. You have grand-parental custody issues here, in addition to your problem with the mother.
Answered on Apr 18th, 2013 at 11:58 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900