Legal Question in Family Law in Pennsylvania

Turning over Custody of a Minor

My mother is willingly giving me custody of my youngest sibling, who is 15 years old. There is no threat to my youngest sibling in my mother's household. The only problem is my sibling's behavior and school issues. My mother is turning the custody to me because I have the time and patience needed to deal with these issues. My mother currently has full custody of her. The child's father has visitation on the weekends but has not done so in at least 5 years and sends irregular child support payments. He has no problem with my mother turning over custody to me.

Both our mother and I live in PA, but in different counties, so in order for her to attend school where I live, I would need to have custody of her.

What needs to be done so that I can gain custody of my youngest sibling? Can someone turn over custody of a minor to a relative? Is this something that requires a court appearance or can we simply file the paperwork?


Asked on 12/15/08, 11:20 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Turning over Custody of a Minor

You asked about gaining custody your younger sibling.

All that you will need is a notarized form affidavit from the child's mother making you a legal guardian of the child.

You do not need anything granting you custody. Yo essentially have "custody" of the child by being granted custody by the mom. The locality must recognize the appearance of the child, and could only require a formal document for any necessary permissions (such as medical treatment or permission slips for a field trip). And in those cases a properly prepared affidavit must suffice.

A local family law attorney could prepare such a document in a short time. You could also using your local legal services office, or even try drafting one on your own using the legal self-help resources at your local library.

Regards,

Roger

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Answered on 12/15/08, 12:16 pm


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