Legal Question in Family Law in Pennsylvania

Pa. DHS child placement.

Is there a PA ruling stating that a stepmother cannot be consider for placement of her step child? The mother hasn't been involved since the 18month old child was placed in foster care. The father(my husband) was involved faithfully with visitation and parenting classes as court ordered until he was incarcerated 11 months ago. I have been to court dates and visits and finished my parenting classes as order by the court for me since he has been in jail. Yesterday the child advocate claimed she was in a Superiour court case where the Judge ruled that a stepmother is not able to be considered a party in the case, but said there is no public record of it. I came this far and the Family court Judge never suggested I wasn't being consider, she even asked the father of the child who he wanted his child to be with and he stated me then she asked me some questions and would I mind taking an infant parenting class and I took it and finished it by the next court date. Has anyone ever heard of such a ruling before?


Asked on 8/23/07, 11:02 am

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

Re: Pa. DHS child placement.

I'd put the child advocate on the spot and either give a case cite which would look like In Re: BMW 123 A.2d 323 (1998).

Is the child advocate a lawyer?

If I want the court to consider a case that shows that the law has been interpreted one way or another I'd better be able to show the court where the court can find the case.

That said the issue is whether you can provide care. Standing isn't an issue if indeed the court ordered you to do something. If a court can place the child with a stranger why not you?

If you have any questions please contact me. The initial consultation is free.

{John}

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Answered on 8/23/07, 11:15 am


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