Legal Question in Family Law in Pennsylvania

PA law on custody of child

My third cousin passed away a couple of days ago, she doesn't want her daughter to know that her dad is also the mother's step brother. The girl turned 9 the day after her mom passed. Her mother had asked me to care for the girl if anything ever happened to her. The girl really has no family that is capable of caring for her except for myself, who doesn't have the money for alot of legal issues. I'm willing to take care of her, I'm a single mom with a girl that is 10. The mother was raised in foster homes and molested, she begged me not to let the state take her little girl. Please tell me what steps to take.


Asked on 11/03/07, 12:39 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: PA law on custody of child

You asked about getting custody of a relative.

My condolences on your loss.

You need to contact a lawyer and a social worker immediately to begin to secure your custody and care of that little girl.

First off you need to seek legal custody of the child. Hopeful the family with closer ties will not seek custody. The mother's wishes, unless recorded will not generally be considered unless there is substantial impartial corroboration.

As for help, the state can and will help with the care of the child. But you need to work to get the help the child deserves. One of the first things I would suggest is to get yourself qualified as a foster parent. This would allow you to be eligible to provide a foster home for the child if per chance she does end up in the system, plus the payments for taking care of a foster child are higher than benefits for a child of deceased parents.

The social worker, preferably not from social services, but rather another agency. You should probably qualify for service pro bono forma legal services clinic. Start with your local law schools and ask for referrals if they can't help. As a last resort you may contact me and I will see if I can find a local attorney to assist (but that's a real longshot).

Good luck to you. If you persist you will definitely get the resources you need to help that little girl. I'm certain your investment will pay off handsomely.

Regards,

Roger

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Answered on 11/03/07, 11:09 pm


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