Legal Question in Family Law in Pennsylvania
My daughter's ex-husband has been out of jail for seven months for manslaughter i've been raising my grandchild for the past two1/2 years since my daughter got mixed up in drugs the father is threatening to take me to court for full custody I don't have legal but grandchild has lived 2 1/2yrs with me I pay for everything he attends school i have a notorized letter from my daughter saying her child is in my care. We live close to the father (1h)but in 2 dif states he can see him I never stop him from visiting or any of his family members. I just know him very well and he is not all he leads people to believe he is. My grandchild has a wonderful chance in life living with me, loves it here..great schools friends sports lived 2.5 yrs with me. Can or is there a chance the father can take my grandchild away from all the child loves and get full custody.. Father is living with family member
1 Answer from Attorneys
If the parents are fit, then each parent has an equal right to custody. When the child's father was incarcerated, your daughter could allow you to take care of your grandchild, if she was unable to care for the child. However, the natural father has a right to have custody of his child. If you think that the father will take the child away from you, you should file a Petition for Custody and state facts which you believe the Judge should consider. In all custody cases, the rule followed by all Pennsylvania Family Court Judges in deciding custody cases is "what is in the best interests of the child", and will decide custody according to this principle.
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