Legal Question in Family Law in Pennsylvania
mother's rights
7 years ago my husband and i brought our son to my mother-in-law because we were abuseing drugs. we did not want our son in that enviroment. Through the years i have kept in touch with my son on the phone and vists. My mother-in-law has legal custody. 3 years ago i entered the recovery process, completed a year program. i am back in school at a university with A's. i go to drug and alcohol counceling. i have a great relationship with my mother-in-law and she wants my son back with me. we are taking it slow and i spend all day on saturdays with my son at her house. My husband died a month ago and i am afraid she might now want to give my son back. She has not said that but what chance would i have if she fought? is 7 years to long for a court to return him to his mother. he was not taken from me i did it for his best interest. I have turned my life around and when i am able i want him home, but at that time it may be 8-9 years since he lived with me. Will that length affect my rights as his mother. i have an on going relationship with my son that is only getting stronger. If i went for offical vistation would i recieve it. As long as i am fit and able to provide a good home would i get my son back????? Please help me!!!
1 Answer from Attorneys
Re: mother's rights
There are no hard and fast rules regarding the length of time which will make the court refuse to grant custody rights to a parent. It is admirable that you have turned your life to such promise. The court, in custody matters, is bound to consider only the best interests of the child. In your particular case, some of the factors which would weigh in the balance include the quality of your relationship with your son, his own desires, and the stability of your own life at the time you request custody rights. On the other side would be the fact that the established primary custodian has been acting in the parental role to the child for a very long time and the child's security has been provided by that source of stability. Some of the questions I have concerning your case are: how long you had been primary custodian of your son prior to giving custody to your mother-in-law, and; how much time you have spent with your son over the course of the past seven years, the past five years, and the most recent years.
Based upon the outlined facts presented, it might be advisable to begin by obtaining some partial custody rights. (Partial custody involves removing the child from the custody of the other person while visitation is the right to spend time with the child while he is in the custody of another person.) If the partial custody arrangement went well, the court would look more favorably on increasing the length of time the child stayed in your custody. It is unusual for a court to order a change directly from visitation only to full custody.
Ilene Young, Esquire/ Civil & Family Practice
215-444-0445
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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