Legal Question in Family Law in Pennsylvania

I have a friend of the family who has a severe mental illness and a 13 year old daughter. The daughter has come to me staing that the mother is physically, verbally, mentally and emotionally abusive. The child has told me that the mother is exposing her to an adult who was recently accused of sexually abusing his own child as well as others. She is fearful to stay with her mother and the childs father is an illegal immigrant from mexico who has been absent her entire life. THe child has expressed she wants to stay with me. However, I am not a blood relative. What would be required of me to seek custody of the child and what would my chances of obtaining custody be?


Asked on 8/24/10, 5:49 pm

2 Answers from Attorneys

Dustin Cole Cole Law, LLC

In Pennsylvania, there are different types of custody disputes, e.g., those between parents, those between a parent and a third party, etc...

In any custody dispute, the court looks to the "best interests of the child." That is, after reviewing all of the evidene, the court will order a custody decision that is, in the court's opinion, in the best interests of the child. You, as a third party, could legally file a custody complaint against the mother. It is difficult to estimate the chances of your success, however, without more information. As mentioned above, however, the overriding factor is the best interests of the child.

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Answered on 8/29/10, 7:27 pm
John Davidson Law Office of John A. Davidson

If this child is being abused then you need to contact Childline at once.

Unlike my learned colleague I don't see how you have standing to sue for custody, as you're not a grandparent or even a relative nor have you acted as the child parent. At least based on what you've said.

Should the abuse of the child prove true then she will be removed from her mother. At that point Children & Youth might allow you to provide foster care. They will run a background check on you among other things. If there are other relatives they might be asked to offer kinship care otherwise C&Y could place the child with you. Though there is no guarantee.

{John}

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Answered on 8/30/10, 6:02 am


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