Legal Question in Family Law in Pennsylvania

Grandchildren in foster homes...

My grandchildren are in foster homes in New Jersey; i recently found out that one of my grandchildren are in Philadelphia Pa. where i live..but, she's not in a fster home just living with her mother's foster sister. Now, will i be able to, file for emergency custody pending a hearing for full custody ??

Both parents are incapable of raising their children; both parents are mentally sick with one addicted to drugs.

Please can you help me.....

Thank you very much......


Asked on 12/06/98, 8:30 pm

1 Answer from Attorneys

Lawrence Rubin Rubin & Todaro

Re: Grandchildren in foster homes...

If you can show that the parents are incapable of discharging their parental

responsibilities, then you can file a complaint for custody. You would file it at 1801 Vine St, Phila., PA (Family Court).

Unless the parents are willing to consent to an order granting you primary custody, be prepared to pay for a custody evaluators fee, unless the court waives it.

Insofar as an emrgency petition is concerned, the court would entertain that only if the child is in immediate danger.

Lawrence Rubin

Rubin & Todaro

337 W State St


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Answered on 1/17/99, 10:51 pm


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