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I just have a quick question. My fiancé has a granddaughter…

Customer Question
Hi, I just have...

Hi, I just have a quick question. My fiancé has a granddaughter that the biological mother gave up parental rights to her mother. Biological mother has a lot of mental issues and she knew she wouldn’t be able to care for the child. My fiancé son is incarcerated for domestic violence and a drug addiction. He will not give up his parental rights although he realizes he won’t be able to take care of the child alone. My fiancé and I are a very stable family. I have 3 children and he has 3 biological children with one step son that he helped raised. I am a home care nurse and my fiancé is in IT. We are very stable.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Mom sorry I wasn’t finished. All we want is to see the baby, she’ll be two. We are not wanting custody we are just asking to have her every other weekend to spend with us. The grandmother that has custody denied us anyth except a couple of hours about once a month. My question is what can we do to see her and know that my future husband?

Lawyer's Assistant: Family law varies by state. What state are you in?

Pennsylvania

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know if my future husband has any rights to see the child more than a couple hours every other month

Submitted: 6 months ago.Category: Family Law
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Answered in 28 minutes by:
3/21/2018
Family Lawyer: Bill Attorney, Lawyer replied 6 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 2,985
Experience: Attorney
Verified

Dear Customer,

Thank You for posting your family law question this evening.

I'm attorney Bill assisting you with your custodial rights question.

Without a termination of parental rights the biological parents enjoy exclusive custody of a child in Pennsylvania.

There is no provision in the law for third parties to petition a court but grandparents can petition for visitation under a limited number of circumstances.

There is a provision for grandparents under the following:

"

§ 5313. When grandparents may petition.

(a) Partial custody and visitation.--If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents or great-grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interest of the child and would not interfere with the parent-child relationship.

(b) Physical and legal custody.--A grandparent has standing to bring a petition for physical and legal custody of a grandchild. If it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent, the court may award physical and legal custody to the grandparent. This subsection applies to a grandparent:

(1) who has genuine care and concern for the child;

(2) whose relationship with the child began with the consent of a parent of the child or pursuant to an order of court; and

(3) who for 12 months has assumed the role and responsibilities of the child's parent, providing for the physical, emotional and social needs of the child, or who assumes the responsibility for a child who has been determined to be a dependent child pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters) or who assumes or deems it necessary to assume responsibility for a child who is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or mental illness. The court may issue a temporary order pursuant to this section."

Hence as far as custody is concerned this is the right of the parents until terminated, there are provisons for grandparents, other third parties don;t have a legal standing to petition.

We are here to help so please follow up with me as required.

In return your positive rating is what gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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