Legal Question in Family Law in Pennsylvania

My grandson, age 6, has cys of Pa. involved w/him due to his Mothers live-in boyfriend being arrested for a "brick" of heroin in car he was driving with his and the Mothers baby, 11 months old in the back seat. 2nd or third offense since March of this year. The home was checked and heroin was found there also. CYS immediately wanted to know where his Father was , as they wanted my son, who is the Father to take his son, my grandson. His Father moved back to Albany, NY in Jan. of this year, to start a new business w/ family help. When CYS asked for address and phone #'s, which Mother and her other family members have, CYS was told by them all they only knew he was was in Albany somewhere. The Mother lived here at the exact same address for almost 3 years with us and childrem. Her family members had stayed at the same address when visiting. The Mother does not have custody of the children there are 3, 6 year old is my son's and my grandson. She must always have supervised visits with him and the others, by her grandmother, child's great grandmother, her mother or uncle. She and her family are saying my grandson, my son's child 6 yr. old cannot come here, due to investgation. And cannot leave the state of PA. My son is speaking w/ CYS people in PA. and is told otherwise, because my son is the other custodial parent and has equal rights to his child he may certainly come and get him for the summer and longer, Child was to be coming for summer. My son spoke to his son yesterday eve. and he was extremely sad, as his Mother is telling he may not leave her as there is too much going on there right now and she needs him. Not good for a 6 year old. He expressed he wants to come and be with his Dad, me and other family members and friends. She also stated to my son that CYS told them that if he does come for child to " call the cops" and have him arrested. Cys is telling my son that is not true. My son is still working w/ CYS people in Pa. so he may do everything legal and remove his son from this situation and w/there help. Do you foresee ,or know anything else that could deter this or make it easier. Thank you, GK


Asked on 7/01/14, 10:37 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

The good new is for your son is that if C&Y finds the child dependent due to the mother's actions. They can and will send the child to live with his father in Albany. That said it's not a slam dunk. Further once the child has relocated to Albany dad will need to file for custody there.

For the record what county are we talking about?

{John}

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Answered on 7/01/14, 10:47 am


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