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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91081
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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my daughter had custody of her grandson as of March 26, 2009.

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my daughter had custody of her grandson as of March 26, 2009. the father her son and mother notmarried in in PA.then and now and had drug problems, my daughter passed away and they have there son. he is visiting his Aunt in a wonderful christian family invirement, i am his great grandmother. is there any way that we can get custody of him so he done not have to go back into that invirement. with the drinking, and drugs. they live with the mothers mother who works. she signed also the child over to my daughter when we were at court there.
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
I am very sorry to hear of your loss.

I will strive to provide you with legal information to assist you. However I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you, or entering into an attorney-client relationship through this open forum. Do you accept these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue. Thank you.

Customer: replied 4 years ago.
yes i just need to know for Colin's sake, the mother just demolished her car she was on drugs a man not my grandson was driving it the police i think put him in jail, and he hit 4 cards with her in the car. My grandson XXXXX XXXXXke I said i think is still using drugs and or drinking. he is in a very good invirement on a schedule i know he loves his father but colin dont like his mother and we don't know why. they are not working she got fired from her last job. Jeff is going to night school i think he says he is we have been trying to get him away from the mother and her mother but he keeps saying he can't change schools. I dont believe him. He has lied so many times but out concern is Colin I know my daughter kathy would want us to do what we can do keep him with us. He is going to a day care where they teachers say he is doing so good they are potty training him and my daughter and husband keep up with it. My sister lives across the street cousins, mother, brother he has all this love but most important the learning, teaching, his mother has took h im to two different places one was the baby sitter there and she went out to do drugs and forgot where he was Thank God he was with the baby sitter. She can't be left aloone with him she just takes off on a bus or someone picks her up and she goes and does her drug buying her mother had to get and er custody i think also in 2009 because she broke her mothers door down hit her mother and i dont know what else. Please help us and we would want the parents to visit it is there son but visit with supervision. What can we do. Thank You
Expert:  Tina replied 4 years ago.
Is there a current order of custody in place? If so from which state and to whom does it grant custody? Would the father contest a petition for guardianship/custody if the grandmother were to file one?
Customer: replied 4 years ago.
i sorry but did you receive by credit card information for payment, and i do not want this taken out each month how can i change that
Expert:  Tina replied 4 years ago.
I will notify JA moderators now to inform them that it should be a one-time charge.

Can you answer the questions I posed above?

Thank you.
Customer: replied 4 years ago.
No we have not started any custody paper work we still have kathy's. custody papers. My daughter lives in West  Virginia which she wuld be the best to have custody if not I will. 
Expert:  Tina replied 4 years ago.
I see.

I am going to opt out on this one so other attorneys may answer.

Take care.
Expert:  Law Educator, Esq. replied 4 years ago.
Once your daughter died, those custody papers became invalid. Thus, you would have to make an attempt under the grandparent's rights law to seek custody, but the issue is going to be the fact you have to file it in PA and would need an attorney there. If there is that bad of neglect of the child, your attorney will likely get child protection involved and use that process to get a family placement. But PLEASE do not contact child protection without getting a family law attorney in PA and getting the process started because they will file in court for custody and for emergency orders of custody based on neglect and you would use the friend as a witness. The only possible hang up here is your living in another state, but the attorney can work around that as well, but it is going to take some money and patience to do this because ultimately child protection may end up involved and this means a home study for you to make sure your home is suitable and that can take some time.


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Customer: replied 4 years ago.
When my daughter filed for custody papers also living in Maryland she did not need an attorney we went to the family court which the other grandmother was there and the mother later the father came in and the judge said if all sign the papers my daughter could take colin home that day. I don't mind getting an attorney in PA. but I do not want my great grandson put in with someone he does not know. He knows us amd loves us, and to place him with a family that he don't know that we know nothing about will not happen at this time. I have seen and read stories of families like that that mistreat the child, he is not mistreated by his parents, its just they are on drugs well the mother, and the father maybe also plus drinking. and I know my daughter hated him being and living like that, that is why she got custody the same day, but if anattorney needs to be had i will get one. Thank You
Expert:  Law Educator, Esq. replied 4 years ago.
If you believe you are capable of handling all of the petitions that need to be filed and deal with this case from the long distance, then you can try it without an attorney in PA, and you can do so copying and following the papers your daughter used in MD to win custody. However, when we suggest attorneys it is because most non-legal people get into these matters and make mistakes that can hurt their case and the courts hold them to the same standard of a licensed attorney. Of course, if the father and mother are going to agree to the granting you custody, then you do not need an attorney and you can get all the papers and do the same thing in the PA court as was done in MD, my answer was based on the premise they would not agree to giving you custody. But if they agree, then they sign the affidavits and custody agreements and you file them with the court in PA for the court to approve it and issue the order and you can do that without an attorney.
Customer: replied 4 years ago.
Thank You, XXXXX XXXXX'm sure we will have a battle on our hands especially with the mother i will talk to my grandson and see what he says, its just hard when you love someone and a child at 3 can't look out for himself. I would neverlet him go to another family. I don't trust them either. But if I need an attorney I will get one in Pa. Again Than You
Expert:  Law Educator, Esq. replied 4 years ago.
If there is going to be a fight over the custody, then get the attorney because it will help protect the child from going to another family or being caught up in the foster system until you can resolve the issues.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91081
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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