Legal Question in Family Law in Pennsylvania

Third Party Custody

I recently had temp custody of my nephew (unproven) & his sister(13) who is no relation. They left recently because their older sister said I made threats on their mom, which is untrue, she just wanted to leave. The mom had nowhere to go & ends up staying with a friend in a house too small since the lady already has like 5 kids. The daughter I had custody of is living with her dad & miserable, and he has no rights. She wants to stay with me again since this is the only stable home she has had in years. I told her I will do what I can to help get her back.

Mom has a crimal record. House arrest, probation, & a short jeil time. She doesn't live in the same place longer the a year & a half. She mental abuses her kids & picks her boyfriends over them.

1) Being that I had temp custody, do I have any more fo a leg to stand on to fight for her in comparison to her grandmother, father or aunt.

2) She has been talking about modeling to eventually get emancipated so she can leave her mom. If I can work an agreement on Legal custody & not Physical, can I put her in Modeling since her mom won't?

3) If I get legal custody & not physical, will if give me a better chance of fighting for sole custody later on?

Thanks for any help


Asked on 5/30/09, 11:06 am

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: Third Party Custody

If you had custody for more than 6 months maybe you have standing to file for custody, however, not being a parent or grandparent will work against you having standing.

Legal custody is the right to make decisions concerning the child's health, education and religious upbringing among other things.

{John}

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Answered on 5/31/09, 12:50 am


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