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  1. #1
    lovingmom_09 is offline Junior Member
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    Can my son's paternal grandmother get partial custody?

    Pennsylvania - I received a letter in the mail from my son's paternal grandmother stating that she is suing me for partial custody, under the guidelines that "I make it difficult for her to spend time with her grandson." she is asking for partial custody, over night and to be involved in his life. She sees my son every week on the designated days that his father has him and he stays the night with her just about twice a month. His father will be going into the national guard after our court date of 6/11. I have no lawyer and when we go to court it will be my son's father, my son's paternal grandmother now and me. I do not want to feel ganged up on by them. I also have no issue with my son seeing his grandmother. He loves her dearly. I just feel that, while his dad is around, he should be responsible for our son seeing his grandmother. While he is away, of course I would allow my son to visit her. Although I believe she feels that I won't. Does she have a chance with custody?
    Last edited by lovingmom_09; 03-12-2012 at 07:19 PM. Reason: didn't add enough detail
  2. #2
    lovingmom_09 is offline Junior Member
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    can someone please answer me? I really just want advice from a professional standpoint, and from an unbiased perspective. I'm not trying to keep my son from his grandmother. as i stated i know he loves her. but her statements are untrue and she sees him every week when he visits his dad. do grandparents usually get granted custody when it has already been distributed to the childs active parents?
  3. #3
    Proserpina is offline Senior Member
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    Quote Originally Posted by lovingmom_09 View Post
    Pennsylvania - I received a letter in the mail from my son's paternal grandmother stating that she is suing me for partial custody, under the guidelines that "I make it difficult for her to spend time with her grandson." she is asking for partial custody, over night and to be involved in his life. She sees my son every week on the designated days that his father has him and he stays the night with her just about twice a month. His father will be going into the national guard after our court date of 6/11. I have no lawyer and when we go to court it will be my son's father, my son's paternal grandmother now and me. I do not want to feel ganged up on by them. I also have no issue with my son seeing his grandmother. He loves her dearly. I just feel that, while his dad is around, he should be responsible for our son seeing his grandmother. While he is away, of course I would allow my son to visit her. Although I believe she feels that I won't. Does she have a chance with custody?

    Mom, if she's actually filing for custody you NEED an attorney.

    Please please please please please PLEASE do not agree to anything in mediation; make Grandma prove her case.

    You are presumably not unfit, and you need to make it clear that Dad is going to be involved with NG.
  4. #4
    lovingmom_09 is offline Junior Member
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    the letter says she filed for partial custody overnight. and his dad called me asking me if i knew anything about it or if we had a fight. i didn't relay any info to him and pretended not to know. so she could actually win? my sons dad is very involved and we have had our difference but he sees him regularly due to court order. im just trying to understand. do i HAVE to agree to outside visits with his mom even though i was told by a judge that neither of us have to? we were told that on our day with out son we can do whatever and let him see whoever we want. he cannot control my time with him and vice versa
  5. #5
    Proserpina is offline Senior Member
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    Quote Originally Posted by lovingmom_09 View Post
    the letter says she filed for partial custody overnight. and his dad called me asking me if i knew anything about it or if we had a fight. i didn't relay any info to him and pretended not to know. so she could actually win? my sons dad is very involved and we have had our difference but he sees him regularly due to court order. im just trying to understand. do i HAVE to agree to outside visits with his mom even though i was told by a judge that neither of us have to? we were told that on our day with out son we can do whatever and let him see whoever we want. he cannot control my time with him and vice versa
    .

    Someone, somewhere, might not be telling you the truth. Grandma would have had to serve Dad, too - not just you. She'd be suing BOTH of you.
  6. #6
    lovingmom_09 is offline Junior Member
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    exactly. he said he just got his letter today, as well as i. but i did not tell him i got one, just in case they maybe working together. but he said he is going to talk to her about it. i am so nervous. i know grandparents have rights only if they seek them in court. but, is there a law stating that a child HAS to stay the night with their grandparent? there isn't that i know of.
  7. #7
    lovingmom_09 is offline Junior Member
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    someone please tell me if i am wrong in any way, shape or form?? please!
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by lovingmom_09 View Post
    exactly. he said he just got his letter today, as well as i. but i did not tell him i got one, just in case they maybe working together. but he said he is going to talk to her about it. i am so nervous. i know grandparents have rights only if they seek them in court. but, is there a law stating that a child HAS to stay the night with their grandparent? there isn't that i know of.

    There are no laws - in ANY state - granting automatic rights to a grandparent.

    However, some states - and unfortunately yours is one - tend to be rather more grandparent-friendly than others. (In fact, truth be told, yours is one of the worst - I think NY is might tip the balance but you get the point).

    PA will grant a grandparent partial custody (in fact if memory serves me correctly, that's how they refer to grandparent visitation - it's actually a form of custody). That's why I still think you need to do whatever it takes to speak with an attorney who is familiar with PA Grandparent issues.

    Seriously.
  9. #9
    lovingmom_09 is offline Junior Member
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    ok i will take your advice and get a consultation with one. thank you very much

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