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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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My grand daughter has lived with me and my son (er father) 5

Customer Question

my grand daughter has lived with me and my son (er father) for over 5 anda half years her mother is getting out of jail next month and wants her daughter back.Do I have any legal rights to get custody of my grand daughter? the mother has been in jail for about a year and a half For dealing drugs being stoned herself. forgery and countless other things. My grand daughter is not safe with her mother.She is abusive and neglectful.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Can you tell me if there any reason your son, the Father, would not be qualified to be the custodial parent?

Customer: replied 1 year ago.
he thinks she's changed. And that she's all better. So he wants to give her a second chance with their daughter. I think it's a big mistake. I watched her push my son (the one we're talking about) down the stairs, I've watched her punch him in the face. I couldn't protect my son so I have to protect my grand daughter. I honestly think he is afraid of her. Well for over 6 years we have lived under threats, from her I don't want to live that way anymore. I'm taking a big chance in doing this but I have to its not good for my health anymore.
Customer: replied 1 year ago.
my son is a great father but when he's around her everything goes out the window.
Customer: replied 1 year ago.
including his common sense
Expert:  Samuel II replied 1 year ago.

Thank you

I suggest you will need to begin a Legal and Permanent Guardianship proceeding.

Keep in mind, that once the Mother is released, she may be in some sort of transitional housing. And so her release will not automatically mean she will get the child.

But in the meantime, I suggest you look into the Guardianship process.

Expert:  Samuel II replied 1 year ago.

Consult with a local attorney Or you can try to file it on your own

Expert:  Samuel II replied 1 year ago.

If you want to begin on your own, you can get the forms for the Guardianship of a Minor from the clerk of the court

Expert:  Samuel II replied 1 year ago.

You also can consult with a local attorney who will help you fill out the documents only and then you represent yourself in court. That will cut back on the legal expenses.

Customer: replied 1 year ago.
will I still be on a free trail period for 7 days if I call and talk to you?
Expert:  Samuel II replied 1 year ago.

I do not participate in phone calls.

Expert:  Samuel II replied 1 year ago.

Those offers are generated automatically from the site. I only work via this venue

Expert:  Samuel II replied 1 year ago.

But if you ever have any questions regarding billing, etc. You can use the CONTACT US and someone will help you.

Expert:  Samuel II replied 1 year ago.

Professionals are not privy to any deposits or payment plans or subscriptions or memberships, etc.

Expert:  Samuel II replied 1 year ago.

At any rate, if you have more questions about the Guardianship, we can continue here. Thank you

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 1 year ago.
I was told that I have to find all forms I will need. I'm sorry so do you want me to call you or is it the texting back and fourth or you do not participate what is your via venue?
Expert:  Samuel II replied 1 year ago.

I only work via this chat mode. Who told you they need to find forms? For the Guardianship?

Expert:  Samuel II replied 1 year ago.

I do not take phone calls.

Customer: replied 1 year ago.
I never mentioned Guardianship. I only asked about filling for custody. You were the first person who mentioned Guardianship. Where do I go OJ where you file for custody and they take your money after you do all the work or do I go to Family courthouse and ask the clerk there? Sorry I didn't mean to sound mean or sarcastic.
Customer: replied 1 year ago.
May I ask does Guardianship give me the right to protect my grand daughter? whats the difference between Guardianship and Primary custody?
Expert:  Samuel II replied 1 year ago.

I mentioned Guardianship as your recourse and then you stated they need to find the forms. "I was told that I have to find all forms I will need." So I was wondering what that was in response to and who told you that.

Expert:  Samuel II replied 1 year ago.

If you have a primary Guardianship and the court makes it permanent it is the same as custody. But since you are a grandparent, you have to use the Guardianship. Parents get "custody" And yes, it will give you full legal authority over the child, who sees her and when

Expert:  Samuel II replied 1 year ago.

I am not sure what your comment about forms was for. But at any rate, the clerk of the court should have the Guardianship of Minor packet of forms for you to file.

Expert:  Samuel II replied 1 year ago.

Once you file, you will need to serve both the parents and both or one or none can oppose it. There would be a court hearing and you present your case to the court.

Customer: replied 1 year ago.
At the OJ office they told me to go up to the library after I asked them that I wanted to file for primary custody
Expert:  Samuel II replied 1 year ago.

Ok. And so I suggest it is not custody you want. You should consider the Primary Permanent Guardianship for a Minor

Customer: replied 1 year ago.
She's in jail now. Would I have to go to jail to serve her the papers?
Expert:  Samuel II replied 1 year ago.

You would have a process server deliver them. She will be able to accept them.

Expert:  Samuel II replied 1 year ago.

Inmates get served all the time.

Expert:  Samuel II replied 1 year ago.

You cannot serve anyone. It must be done by the Sheriff or a private process server.

Customer: replied 1 year ago.
OK so do I go back down to the OJ office and ask for the Primary Permanent Guardianship of a minor?
Expert:  Samuel II replied 1 year ago.

Thank you.

What state is this and I can better guide you to what court you need to file in.

Customer: replied 1 year ago.
Philadelphia
Customer: replied 1 year ago.
Pennsylvania
Expert:  Samuel II replied 1 year ago.

Thank you

I suggest you can use this LINK and it is for Legal Aide in your area. And there are links for forms on there, too. I suggest that should be helpful to you.

Expert:  Samuel II replied 1 year ago.

Here is the LINK for the Guardianship forms within that first link.

Expert:  Samuel II replied 1 year ago.

So you can review all of that, contact the Legal Aide office and if you have further questions or need help filling out the forms, they would be the ones I suggest can help get this done effectively.

Expert:  Samuel II replied 1 year ago.

On the first link you will see it states:

  • Guardianship of a child: when someone who is not a child's parent acts like a parent because the actual parents of the child are no longer available or able to care for the child, such as when the parents are dead or missing, or have serious drug, alcohol, or mental problems.
Expert:  Samuel II replied 1 year ago.

And I suggest you can go that route because the Mother is incarcerated, you have provided a stable and loving environment fo the child and it is in the child's best interest.

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