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How does the custody law work if dad has sole custody but is…

Customer Question
How does the custody...

How does the custody law work if dad has sole custody but is now leaving for 4 to 6 weeks at a time for the reserves and leaving the 20 month old with his new wife. what can be done to ensure the child is with themother or grandmother

Lawyer's Assistant: What steps has he taken? Has he filed any papers in family court?

I am the maternal grandmother. The child was placed with me by OCY when he was 8 weeks old due to my daughters use of drugs before during and after the pregnancy. The father wanted to terminate rights in June of 2017 but couldn't due to Ocy couldn't terminate only his rights. Then he was allowed unsupervised weekly visits and would not show up for weeks for visits until Ocy got on his case. Come to find out he started dating someone when my daughter went to rehab and broke it off with her the day she got out and married this new girl 2 months later that is why he didn't do visits. his new wife decided she wanted the child and after this child was 14 1/2 months old he started taking his visits and doing everything to get the child. After only 3 1/2 months Ocy motioned the court to close the case and give dad sole custody and now he is in the reserves and leaving tomorrow for another month or so and leaving this child with her. This child only knows me as mommy due to mommy not allowed much visitati0on for dirty urines and daddy now taking visits and this poor sweet boy screams and begs for mommy whenever they take him from me I want to go for custody and raise him. I went through this with his sister (same mom and dad) and mom still used and lost rights and dad was in the service and didn't want her when he got out so I adopted her

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

Pennsylvania

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

I just know that he is severely distract away from me and I fear that he will suffer severe trauma mentally due to ll this

Submitted: 24 days ago.Category: Family Law
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Answered in 3 minutes by:
5/27/2018
Family Lawyer: RayAnswers, Lawyer replied 24 days ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,653
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 24 days ago

You may have great facts to file for custody since dad is away for long periods.You are able to care for the child and he recognizes you as his caretaker.You will need a lawyer to file for legal and physical custody here in PA.

Lawyer referral here

https://lawyers.findlaw.com/lawyer/practicestate/family-law/pennsylvania

Many grandparents are unaware that they may petition a court for visitation rights or custody of their grandchild. According to the Pennsylvania Custody and Grandparents' Visitation Act, grandparents may petition a court for partial custody and visitation under specific circumstances:

  • Upon the death of a birth parent
  • When parents are divorced or have been separated for six months or more and a divorce has been filed
  • When a child has resided with a grandparent for 12 months or more, followed by the child being removed by a parent

In each of these instances, a court will try to determine what situation will be best for the child and what will best serve the child for his or her future. Before a court will award visitation or custody, however, many factors are taken into account including:

  • The child's emotional, physical and emotional well-being
  • The past relationship between the child and his or her grandparents
  • The child's preferences (if applicable based on age)
  • The potential impact on a child's social and intellectual growth (schooling and extracurricular activities)

I hope you will pursue this and not wait any longer.

I appreciate the chance to help you ,prayers with all.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 19 days ago
can I get temporary custody through motion court while dad is out of the country?
Customer reply replied 19 days ago
can I get sole custody or primary physical custody
Customer reply replied 19 days ago
away from the dad since I raised the child most of his life
Customer reply replied 19 days ago
does his wife have the right to decide visitation? can she keep the child away from the mothers family?
Family Lawyer: RayAnswers, Lawyer replied 18 days ago

You can get both temporary or permanent custody while they are gone, its a change of circumstances that warrants a change of custody.His wife has no rights here she is not the parent.Good time for you to file and seek custody.I wish you the best.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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