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My single son has a 13 year old daughter in Bradford county…

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My single son has a...
My single son has a 13 year old daughter in Bradford county PA with a woman he never married. She recently died of a drug overdose this past November. He has never signed over parental rights nor has he ever any other legal paperwork such as visitation, etc. The child has resided with the mother’s ex boyfriend since 2010. He refuses to give up custody of the child even after death of mother. I’m the child’s grandmother living in neighboring Tioga County, PA.
My son went into prison for 9 years when she was 3 months old. He was released 4 years ago and has pursued visitation on an informal basis without any kind of legal agreements of custody, visitation, etc. We never would’ve known the mother died until we found out on facebook. We filed emergency custody paperwork in Bradford county. The case was heard by a mediator who immediately granted custody to the ex-boyfriend and my son has given up the fight to get his daughter legally. He’s only allowed to get her for weekends. This is insane. How can a man, who is no blood relation, be allowed to raise the granddaughter. Over the years, this child has been subjected to living a life seeing her mother and older siblings use drugs, go to jail, etc etc. , living in filth, etc etc. Bradford county children and youth have been called at least 2 dozen times over the years by various people and have done nothing to help. I have a feeling my son doesn’t really want custody anyway. But I do. I don’t want her to continue to be raised by a man who is only interested in the survivor’s benefits. He has no genuine love for her or he wouldn’t keep her from her own blood family. The child stated to the mediator that she wanted to live with the ex boyfriend, so that’s where she’s at. Her father isn’t going to do anything more about it, which is unacceptable to me.
During my son’s 9 years in prison, I visited with granddaughter often, so always maintained that until the ex-boyfriend and mother would no longer allow me visitation once my son was released. They changed their phone numbers so I could no longer call and shut the door in my face. So I quit trying after being threatened by the ex-boyfriend and the mother when she was alive. The child has never lived with me because Children and Youth wouldn’t remove her, even with all the criminal activity/squalor/drug use going on.
I’m writing to ask if you believe I have a good chance of successfully winning custody and if so, should I get an attorney in Tioga county or Bradford county where the child lives. Tioga county children and youth won’t assist in the matter nor Bradford county either. I’m pretty sure my son is not going to assist me in my effort, but will want to retain his parental rights.
I would appreciate your advice. Thank you.
Submitted: 3 months ago.Category: Family Law
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3/17/2018
Family Lawyer: Wendy, Moderator replied 3 months ago
Wendy
Wendy, Moderator
Category: Family Law
Satisfied Customers: 1
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Customer reply replied 3 months ago
i'm still interested in receiving an answer on my question. i did pay the fee friday morning and realize it's the weekend. So i will check again tomorrow. thank you.
Family Lawyer: Law Educator, Esq., Lawyer replied 3 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,223
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry for the delay you experienced, the experts are not site employees and have no control over when questions appear on our list. I do apologize.

If your son is the biological father, then the US Supreme Court said he has a constitutional right to his child unless he is proven by clear and convincing evidence to be unfit. See: Troxel v. Granville, 530 U.S. 57 (2000). So, just because he went to jail does not make him unfit. Therefore, he has a constitutional right to his child. So you need to have your SON go get the custody, because it is his constitutional right.

Grandparent rights are much more tenuous and not guaranteed, so if your son gets custody, he can grant you guardianship and that is the best way to work this whole issue if you want to get the child from the boyfriend.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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