How would I file for guardianship of my grandson who I have helped raise?

04/15/2009 - Category:Divorce - Grandparents Visitation - State: PA #16016

Full Question:

My grandson who is 5 years old lived with us until he was 3 1/2 yrs. old. After my daughter moved out we continued to have him 3 days a week while she was at work. When he was 3 1/2 the father pursued visitation. Yesterday they took him from his mother. The father accused her of smoking marijuana. She claims her lawyer did not inform her that she was required to take a urine test at the hospital. The father lives in a different school district so a 5 year old child has had his life turned upside down. My grandson who is used to seeing his grandparents 3-4 times a week has been torn from us, his mother, and the school where he's been attending. Do I have any chance of filing and gaining physical custody through the week(when his mother had him) so that his life is not so terribly disrupted? And if so what steps do we take?

Answer:

The court may appoint a guardian or coguardians for an unmarried minor typically when:

(a) All parental rights of custody have been terminated or suspended by circumstance or prior court order;
(b) Each living parent whose parental rights and responsibilities have not been terminated or the person who is the legal custodian of the unmarried minor consents to the guardianship and the court finds that the consent creates a condition that is in the best interest of the child;
(c) The person or persons whose consent is required under subsection (b) do not consent, but the court finds by clear and convincing evidence that the person or persons have failed to respond to proper notice or a living situation has been created that is at least temporarily intolerable for the child even though the living situation does not rise to the level of jeopardy required for the final termination of parental rights, and that the proposed guardian will provide a living situation that is in the best interest of the child; or
(d) The person or persons whose consent is required under subsection (b) do not consent, but the court finds by a preponderance of the evidence that there is a de facto guardian and a demonstrated lack of consistent participation by the nonconsenting parent or legal custodian of the unmarried minor. The court may appoint the de facto guardian as guardian if the appointment is in the best interest of the child.

A majority of all domestic adoptions are by relatives and stepparents. Sometimes a relative informally assumes custody of the child without involving child protective services. Many times, however, relatives receive custody of the child because child protective services and the court have removed the child from the birth parent's home because of abuse or neglect allegations.

A majority of all domestic adoptions are by relatives and stepparents. Sometimes a relative informally assumes custody of the child without involving child protective services. Many times, however, relatives receive custody of the child because child protective services and the court have removed the child from the birth parent's home because of abuse or neglect allegations.

A relative may petition the probate court for guardianship of a minor. A guardian is responsible for the care and management of the child. Standby guardianships are available as well as limited guardianships (specific limited powers). A standby guardianship allows terminally ill parents to designate a guardian to assume the day-to-day care of a child without terminating the parent's rights. The standby guardianship is triggered by a specific event such as death, mental incapacity, or physical debilitation of the parent.

I suggest you contact a local attorney who can review all the facts and documents involved.



Please see the information at the following links:

http://definitions.uslegal.com/f/family-law-grandparents/
http://lawdigest.uslegal.com/family-laws/grandparent's-rights/
http://lawdigest.uslegal.com/divorce/grandparents-visitation/
http://definitions.uslegal.com/u/unfit-parent/
http://lawdigest.uslegal.com/family-laws/unmarried-parents/

Please see the forms at the following links:

http://www.uslegalforms.com/pa/PA-P019-PKG.htm
http://www.uslegalforms.com/us/US-01207BG.htm

04/15/2009 - Category: Grandparents Visitation - State: PA #16016

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