My question involves a child custody case from the State of: Pennsylvania
Our grandson (we are paternal grandfather and paternal step grandmother) was removed from his parents custody by children and Youth and placed with us 5/2009. The parents were given time to comply with requests and get their act together but did not. We then received permanent legal and physical custody thru the court 7/2011, with no parental visitation. Everything is at our descretion.
Since he has been with us we have allowed parental visitation as long as they are "clean". This is typically one weekend per month. The mother sees that her family has contact, as did the father. About a year ago and incident occured at the paternal grandmothers home between her and the father with the child present which required the police being called. She was so intoxicated that she called police stating that the child was being kidnapped, once they arrived she locked herself and the child in the house. They got him out and she then sat there laughing at them and wouldnt let them back in. She claims she didnt know they were police. Between the childs parents and us being the court appointed legal guardians we decided that future visits would need to be supervised for a while. After a few months we allowed another visit, the child came home distressed stating that , he was going to Heaven with *** and he wasnt going to be allowed to see his parents or us because we dont go to church. We immedietely asked to speak to her but she declined, she called the next month for a visit, but he was already visiting his mother. We havent heard from her since April. She has made no effort to contact the child either. She was offered supervised visits by the father and us but she declined.
Early August we received paperwork that she is now sueing the 4 of us for sole custody. Her complaint states that we are in the process of adoption and have severed all ties with his family (not true at all), not allowing her to have contact and that my husband instigated a road rage incident (he was present but not investigated, arrested or charged). She states she is concerned for her grandsons safety. We were to go to mediation, but our attorney put in a motion to dismiss, now we need to head in front of a judge that will decide if she has standing to file for sole custody.
Of course we have read every document out there that we can find. She has never been his caregiver and he has never resided with her either. Most information is applicable if you are talking about a child residing with their biological parents. Our attorney has put in a motion to dismiss the case based on no legal grounds. When I am reading documents, can I put ourselves in the position of "parents"? Are her reasons valid to have standing to go to mediation? We cant find anything clearly stating that she has any legal standing to file with the proof she is offering, let alone get sole custody, but of course the court has to follow thru if she files.
Any input would be appreciated!
Our grandson (we are paternal grandfather and paternal step grandmother) was removed from his parents custody by children and Youth and placed with us 5/2009. The parents were given time to comply with requests and get their act together but did not. We then received permanent legal and physical custody thru the court 7/2011, with no parental visitation. Everything is at our descretion.
Since he has been with us we have allowed parental visitation as long as they are "clean". This is typically one weekend per month. The mother sees that her family has contact, as did the father. About a year ago and incident occured at the paternal grandmothers home between her and the father with the child present which required the police being called. She was so intoxicated that she called police stating that the child was being kidnapped, once they arrived she locked herself and the child in the house. They got him out and she then sat there laughing at them and wouldnt let them back in. She claims she didnt know they were police. Between the childs parents and us being the court appointed legal guardians we decided that future visits would need to be supervised for a while. After a few months we allowed another visit, the child came home distressed stating that , he was going to Heaven with *** and he wasnt going to be allowed to see his parents or us because we dont go to church. We immedietely asked to speak to her but she declined, she called the next month for a visit, but he was already visiting his mother. We havent heard from her since April. She has made no effort to contact the child either. She was offered supervised visits by the father and us but she declined.
Early August we received paperwork that she is now sueing the 4 of us for sole custody. Her complaint states that we are in the process of adoption and have severed all ties with his family (not true at all), not allowing her to have contact and that my husband instigated a road rage incident (he was present but not investigated, arrested or charged). She states she is concerned for her grandsons safety. We were to go to mediation, but our attorney put in a motion to dismiss, now we need to head in front of a judge that will decide if she has standing to file for sole custody.
Of course we have read every document out there that we can find. She has never been his caregiver and he has never resided with her either. Most information is applicable if you are talking about a child residing with their biological parents. Our attorney has put in a motion to dismiss the case based on no legal grounds. When I am reading documents, can I put ourselves in the position of "parents"? Are her reasons valid to have standing to go to mediation? We cant find anything clearly stating that she has any legal standing to file with the proof she is offering, let alone get sole custody, but of course the court has to follow thru if she files.
Any input would be appreciated!
Grandparents and Third Parties: Permanent Legal Gaurdians Being Sued for Custody of Grandchild
0 commentaires:
Enregistrer un commentaire