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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116715
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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How does a judge hand over custody based on allegations

Customer Question

how does a judge hand over custody based on allegations without investigation
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: PA
JA: Has anything been filed or reported?
Customer: not that I am aware of, I am told nothing is on file
JA: Anything else you want the lawyer to know before I connect you?
Customer: This has been ongoing for a year now, this child, my grandson, whom I have had custody of since he was 7 mo old, he is now 8. Everytime I turn around something else is being done. I am now down to visitation every other weekend and that is being taken away............
Submitted: 8 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The judge is not supposed to interfere with or change custody without proof of a significant change in circumstances. If there are allegations against you regarding the child, you are entitled in court to present your evidence to prove the allegations are false or not factual. However, it is not up to the court to conduct investigations, it is up to each side in the case to present their own evidence to support their positions, but the court does not investigate they are the evaluators of the evidence presented to the court.
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Customer: replied 8 months ago.
this has not ever been in my case...see the attached. i was not notified of this change until i went to pick my grandson up, his father shows me this
Expert:  Law Educator, Esq. replied 8 months ago.

Thank you for your reply.

There is some reason though, the court does not do things without some reason. Furthermore, the laws do not favor grandparents since our US Supreme Court has stated that parents have a civil right to make decisions for their child and that right would not be interfered with by the court unless it is proven by clear and convincing evidence the parent is unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).

So now you have been served this, you must file a motion in court to reinstate your visitation based on the fact you have had the child for 8 years and the bonding that has occurred.

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