Legal Question in Family Law in Pennsylvania

Gaining custody of my maternal niece

My niece is now in the custody of the Department of Human Service. She has been for almost a year now. The courts have given my sister 5 more month to get things together for her to be able to take her daughter back. I am afraid that my sister may run out of time.

I would like to gain custody of my niece, but I have relocated to Las Vegas. My question is. What would my chances be since I am in another city. My sister is located in Philadelphia. I know that the laws are different from state to state. But I am really concerned because this will be her last court date.


Asked on 7/14/05, 6:48 pm

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: Gaining custody of my maternal niece

You would need to petition the court for custody of the child. The standard is what is in the childs best interests. The court would look at your background, your parenting skills if applicable and the home environment you could provide. You should contact an attorney to discuss the required action as soon as possible. I offer free consultations.

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Answered on 7/14/05, 8:37 pm
Paul Stacom Law Offices of Paul J. Stacom

Re: Gaining custody of my maternal niece

If she is in the custody of the Department of Human Service (DHS), you cannot file for custody rights. Normally, you would not have "standing" to sue. However, as the child has been declared dependent and placed outside the home, DHS normally will look for other family resources for placement of the child. There are factors they look at, like your past involvement with the child, age of the child, etc.. I would recommend getting in contact with the DHS worker or the supervisor and express your interest in the child. It is best to do in writing, even better through an attorney. You should also appear at the next court hearing to personally express your interest to the judge. I would get all of the paperwork and see where DHS is at right now. Also, important, who is the child advocate, who represents the child. Please contact me if you wish to further discuss. I do a lot of this type of work.

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Answered on 7/14/05, 9:15 pm


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