Legal Question in Family Law in Pennsylvania

Family Law
We have a 2 year old god son/nephew ..He currently lives with his mother and grandmother.. There home life is drinking , partying , and doing drugs..My husband and I have the baby from Friday thru Sunday (bedtime)..His mother has threatned adoption because she can not take care of him. She has no job, no money and can not provide for him. The grandmother has been the one who has cared for him up to about 6 weeks ago..My husband and I have had him for the last 6 weekends in a row.. The grandmother is now using,selling drugs.. The grandmother is partying and drinking heavily.. The cops have been out so many times to the home. They have threathned that the next time they come out they will take the baby. When we have the baby he wakes several times a night screaming and appears to be very afraid..This baby has seen his mother and grandmother beating each other up.. He is now there while they are partying.. I am afraid to call CPS because I have been told that because I knew that they would keep him from us.. Is there anything at this point that we can do for this baby???Is there any way that we could get this baby out of this situation??? We just need answers of what we can do to help out this baby.

Asked on 7/15/08, 11:17 am

2 Answers from Attorneys

Paula Hopkins Paula Hopkins, Attorney at Law

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Re: Family Law

I understand how difficult this situation must be for you. Because you care for your nephew on a regular basis, you may have standing to seek custody of him. You will need to retain an attorney in your county who is experienced in family law matters to help you decide if you can file a claim for custody under these conditions. However, it also sounds as though your nephew may be living in dangerous situation when he is not with you. If you believe that your nephew may be experiencing abuse or neglect then you must call CPS so that they can remove him from any unsafe living conditions. Good luck!

Answered on 7/15/08, 12:15 pm

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