Legal Question in Family Law in Pennsylvania

Re: legal guardianship

It isn't possible to provide definitive answers based upon the information that you have provided. You are involved in a very emotional scenario. His wife, although estranged, was with him at the time of the injury. This in itself raises a lot of questions. Were they getting back together? Were they meeting to discuss distribution of property or support? Did she go to his house or did he come to her house? Was there a Protection From Abuse Order?

You indicate that you went to court to fight for guardianship because the wife did not want medical information released to "his family." Do you mean that she did not want information released to his parents because of bad blood? That's what it sounds like but it may have been that she didn't want any of his medical information released to anyone for a host of other reasons such as privacy. And, regardless of the reasons, why that would prompt a fight for guardianship isn't quite clear to me.

If she was a prime suspect in a criminal investigation, the investigation must have been concluded at the time the court awarded guardianship, and she was presumably cleared by that time since it was at least nearly four months afterwards.

As for the divorce and her guardianship, yes, it is definitely a conflict. Your son will at least have to be appointed a guardian ad litem to represent his interests in the divorce proceeding. This could be a major expense for his wife for the rest of her life or your son's life since it sounds as if he is going to need round the clock medical and nursing care.

As for calling her sister and father before calling 911, I'm not so sure that a jury would find that unreasonable. A lot depends on what was happening at the time she called. He could have been breathing and unresponsive when she called her family and not breathing when she called 911. I'm not sure why her action would be "selfish." What would she gain by calling her sister and father first? If she had a nefarious motive, why would she call 911 at all?

The circumstances of the injury are what any case for negligence would turn on but I doubt that you will find any attorney eager to sue the estranged wife for negligence when it looks like she will have enough problems simply paying support for the rest of her or your son's life.

Re: legal guardianship

It is unclear from your question the state that your son is in now. The divorce may not be such a bad thing. It may allow you to take over the care of your son. Also, the court may be able to appoint you the legal guardian. Should you hire an attorney for your son in the divorce the attorney can ask the court to award your son alimony and health insurance coverage.

As for the negligence of the wife, it is possible that she could be held responsible but it really depends on the facts surround the incident. From the short fact pattern you gave it is hard to tell. You may want to speak with your attorney about it. Also I or any attorney that post here would be happy to help you for a fee.