How to get temporary non custodial non parental custody of my boyfriend's son?
Full Question:
I need information on how to get temporary non custodial non parental custody of my boyfriend's son, who I've been raising for the last 3 1/2 years. His father and I might be splitting up...he has sole custody right now, the child's biological mother is in jail. I've been taking care of him since he came to live with us (Larry has never had custody prior to when his son came to live with us).
10/03/2007 |
Category: Guardianship |
State: Pennsylvania |
#9608
Answer:
The applicable Pennsylvania statutes are as follows:
23 Pa.C.S.A. § 5310. Modification of existing custody orders
Any order for the custody of the child of a marriage entered
by a court in this Commonwealth or any state may, subject to
the jurisdictional requirements set forth in Chapter 54
(relating to uniform child custody jurisdiction and
enforcement), be modified at any time to an order of shared
custody in accordance with this subchapter.
23 Pa.C.S.A. § 5312. When parents' marriage is
dissolved or parents are separated
In all proceedings for dissolution, subsequent to the
commencement of the proceeding and continuing thereafter or
when parents have been separated for six months or more, the
court may, upon application of the parent or grandparent of a
party, grant reasonable partial custody or visitation rights,
or both, to the unmarried child if it finds that visitation
rights or partial custody, or both, would be in the best
interest of the child and would not interfere with the
parent-child relationship. The court shall consider the amount
of personal contact between the parents or grandparents of the
party and the child prior to the application.
Rule 12.5. Appointment of a Guardian for the Estate or Person of a Minor
(a) A petition for the appointment of a guardian for the estate or
person of a minor shall be filed by the minor, if over fourteen years of
age and, if under such age, by his parent or parents, the person with
whom he resides or by whom he is maintained or by any person as next
friend of the minor.
(b) The petition shall set forth
(1) the name, address and age of the minor, and the names and addresses
of his parents, if living;
(2) the name, address and relationship to the minor of the petitioner,
if the petition is not filed by the minor;
(3) that the minor's parents consent to the petition, if it is
not filed by them, or the reason why they do not consent;
(4) the necessity of the appointment of a guardian and that the minor
has no guardian or that a guardian already appointed has died or has been
discharged or removed by the court, together with the date of such
death, discharge or removal and a reference to the court record of such
discharge or removal;
(5) the name, address and age of the proposed guardian and his
relationship to the minor, if any;
(6) the nature of any interest of the proposed guardian adverse to that
of the minor including inter alia a reference to any estate in which the
minor is interested and in which the proposed guardian is a fiduciary or
surety or employee of a fiduciary or surety therein.
(7) if the petition is for the appointment of a guardian of the
person, the religious persuasion of the parents of the minor and of the
proposed guardian;
(8) if the petition is for the appointment of a guardian of the
estate, an itemization of the assets of such estate, their location,
approximate value and income, if any;
(9) if the minor is entitled to receive any money as a party to any
action or proceeding in any court, a reference to the court record and
the amount to which the minor is entitled; and
(10) that notice has been given to the United States Veterans'
Administration or its successor, if the minor is the child of a veteran
and insurance or other gratuity is payable to him by the United States
Veterans' Administration, or its successor.
(c) The proposed guardian's written consent to the appointment
shall be attached to the petition.
(d) If the appointment of the same person is requested as guardian of
the estates or persons of several minors who are children of the same
parents, a single petition shall be filed for such appointment.
(e) If the minor is over the age of fourteen his appearance in court at
the time of the presentation of the petition shall be governed by local
rule.
20 Pa.C.S.A. § 5113. Persons preferred in appointment
A person of the same religious persuasion as the parents of
the minor shall be preferred as guardian of his person. A
person nominated by a minor over the age of 14, if found by the
court to be qualified and suitable, shall be preferred as
guardian of his person or estate.