Legal Question in Family Law in Pennsylvania
My fianc� has just filed Emergency Custody of his 5 year old son. The mother is in state prison & signed the child over to her mother the day he was born so no one can take him and didn't put a father on the bc. He never went to obtain custody from the grandmother due to not having the money and we didn't have the room due to having 2 children of my own, one we have together. He filed for emergency custody due to the lack of supervision of the grandma. His environment is getting worse and living conditions. Children and youth services were recently called due to the child being at a public pool 3 blocks away by himself all day. So there is an open case with them. Also he was seen mutiple tines riding his bike late at night on the road with no supervision My fianc� pays her 120 a week in child support and she went to go raise it bc of the filing of custody but the child isn't taken care of with that money. He sleeps on an air mattress and wear clothes that are too small for him. We have a beautiful home and bedroom he will share with my 6 year old son with his own bed, caring family, and everything to offer him that she cannot do. Child services were involved before in a different county from the school calling but nothing was ever done. I think I included alot of information. My question is, is this case an easy case due to him being the father and her being the grandmother? I really need to know bc we can't afford a lawyer but he needs out of that environment before he gets hurt. He needs to be in a loving home before they raise him the wrong way more than they already have. Please help I need all the advice I can get.
1 Answer from Attorneys
In family law there is no such thing as an easy case. I see the first challenge is establishing paternity. Then comes the issue is how to deal with grandmother are you suing her or the birth mother, Why is the birth mother in jail.? What will children and youth going to do? Why isn't your fiancee asking the child is his not yours?
Bottom line you need a lawyer. Contact your county bar association who can refer you to a lower cost or free lawyer assuming he qualifies.
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