Legal Question in Family Law in Pennsylvania

My 16 year old nephew wants to live with me. My sister (his mom) and him aren't really getting along. She has told him he can either live with her or his dad(who is not in his life). She said she would put him in a home if he doesn't live with either of them. My nephew and my husband are very close. We have a stable loving home. We don't have children. My sister and I are not on speaking terms right now. There is not physical abuse, but I am concerned about mental abuse and my nephews state of mind. He has been having some issues with his mental health. Would I have any legal rights at all to try to have him taken away from her,or athe very least have him stay with me. I am concerned that she is playing head games with him. She has done it with my 19 year old nephew who moved in with me when he turned 18 to get away from her. Any hwlp would be appreciated.


Asked on 3/23/10, 6:42 pm

1 Answer from Attorneys
Paul Stacom Law Office of Paul J. Stacom

Normally, you would not have what is called "Standing" to seek custody of the child. However, she cannot just put him in a home. Even is she were to contact DHS, they would look for family members to place the child with. At his age, he can also arguably come to court and state his preference. Would be a case better handled by an attorney in order to get before a judge.

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Answered on 3/29/10, 5:33 am


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