Legal Question in Family Law in Pennsylvania

I live in Pennsylvania.My 2 Grandsons,ages 18 and almost 16,have been living with myself and my husband . My son has Physical Custody. They did live with thier mother for a couple years. As my son was going through some financial difficulties. For 8 years before that,I helped him by babysitting everyday and taking them to and from school while he worked.This past January,they both asked if they could come and live with me. Of course I told them yes. They were failing in school as the mother did not care if they did thier homework,got up for school,etc. Since moving in with me,the oldest was on the honor roll 2 times last school year,and the younger had to attend summer school for math,but he passed. Another school year has started and I need to see about having legal rights for them. As they need some health insurance.My son said he will have no problem with it. But the mother is saying nasty things. Can we have legal custody.

Thank you,

Mrs. Mary Wilson


Asked on 9/03/10, 6:43 am

1 Answer from Attorneys
Dustin Cole Cole Law, LLC

Mrs. Wilson:

The answer to your question is not a simple "yes" or "no." When deciding custody disputes, the courts look to the "best interests of the child." Custody disputes are categorized as being either between the parents of the child or between a parent and a third party. In this situation, you obviously would be a "third party."

If a custody action were instituted in regards to the two children, the court would, after reviewing all of the evidence and the parties involved, make a custody determination that it deems would be in the best interests of the children. The children's performance at school would definately factor in, as would their preference to reside with you, to a certain point.

So, it is not possible for anyone to give you a straight "yes" or "no" answer. Based on the information you have provided, it certainly seems as though you do have a legitimate argument that placing the children in your custody woud be in their best interests, but it is difficult to say without knowing more.

I hope this information helps.

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Answered on 9/08/10, 5:03 pm


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