modifying custody

[elizabeth2]

What is the name of your state? PA

My sister's daughter is now 4. She was born addicted to heroin and has been living with my parents since birth. My sister also lives there when she is not in rehab or jail. The child's father was in jail (also a heroin addict/drug dealer/thief) since before her birth until she was 3. Last March (child 3 1/2) he went to court and got shared custody with my parents. (he had her 4 days then grandparents 4 days) However she always cried and never wanted to go w/ daddy. We have heard he was no longer working (probably since before christmas). In Jan he stopped picking her up on appointed days (sometimes picking her up on the 7th or 8th day instead of 4th). In Feb. no one heard from him for 2 weeks. His home phone and cell phone have been disconnected. Now he has not been heard from since March 19th. I have found out that he was arrested on retail theft charges. Am pretty sure he's back on drugs..so's sister. Here's the questions:
1. Is it time to go back to court? My mother has been keeping a log of these things.
2. Does anyone have any suggestions as to how to get proof of his being unfit? Is drug use enough? I think he is endangering her welfare if he is under the influence, having her be around dealing, etc
3. If he ends up going to jail again, is there a way to adopt her if he is gone for a certain amount of time?
PS I know they need a lawyer, I'm just trying to get more info so I can talk them into it

 

[LdiJ]

What is the name of your state? PA

My sister's daughter is now 4. She was born addicted to heroin and has been living with my parents since birth. My sister also lives there when she is not in rehab or jail. The child's father was in jail (also a heroin addict/drug dealer/thief) since before her birth until she was 3. Last March (child 3 1/2) he went to court and got shared custody with my parents. (he had her 4 days then grandparents 4 days) However she always cried and never wanted to go w/ daddy. We have heard he was no longer working (probably since before christmas). In Jan he stopped picking her up on appointed days (sometimes picking her up on the 7th or 8th day instead of 4th). In Feb. no one heard from him for 2 weeks. His home phone and cell phone have been disconnected. Now he has not been heard from since March 19th. I have found out that he was arrested on retail theft charges. Am pretty sure he's back on drugs..so's sister. Here's the questions:
1. Is it time to go back to court? My mother has been keeping a log of these things.
2. Does anyone have any suggestions as to how to get proof of his being unfit? Is drug use enough? I think he is endangering her welfare if he is under the influence, having her be around dealing, etc
3. If he ends up going to jail again, is there a way to adopt her if he is gone for a certain amount of time?
PS I know they need a lawyer, I'm just trying to get more info so I can talk them into it

This is a complicated case. They honestly need to at least get a consult with an attorney. They don't necessarily have to hire one right off the bat....but they really need to consult with one.

However, your mother is definitely going to need proof of his issues. Police reports (which are public records) are one good way of obtaining proof.

 

[elizabeth2]

Thanks for getting back to me. I'm just glad someone said "it's a complicated case" rather than the father has all the rights or the things he's done/doing are not enough to change custody. I guess they have to decide to take action immediately or wait until there's more proof. CPS has been called but can do nothing. They say "get a lawyer". I made them consult with one at the beginning of this custody arrangement but they didn't listen to me or him. I'm going to have to make another appt. and make them go.

 

[thefid]

What is the name of your state? PA

My sister's daughter is now 4. She was born addicted to heroin and has been living with my parents since birth. My sister also lives there when she is not in rehab or jail. The child's father was in jail (also a heroin addict/drug dealer/thief) since before her birth until she was 3. Last March (child 3 1/2) he went to court and got shared custody with my parents. (he had her 4 days then grandparents 4 days) However she always cried and never wanted to go w/ daddy. We have heard he was no longer working (probably since before christmas). In Jan he stopped picking her up on appointed days (sometimes picking her up on the 7th or 8th day instead of 4th). In Feb. no one heard from him for 2 weeks. His home phone and cell phone have been disconnected. Now he has not been heard from since March 19th. I have found out that he was arrested on retail theft charges. Am pretty sure he's back on drugs..so's sister. Here's the questions:
1. Is it time to go back to court? My mother has been keeping a log of these things.
2. Does anyone have any suggestions as to how to get proof of his being unfit? Is drug use enough? I think he is endangering her welfare if he is under the influence, having her be around dealing, etc
3. If he ends up going to jail again, is there a way to adopt her if he is gone for a certain amount of time?
PS I know they need a lawyer, I'm just trying to get more info so I can talk them into it

Q: Does anyone have any suggestions as to how to get proof of his being unfit?
A: Tough to prove unless he is convicted, you can try hiring a Private Investigator and catch him in the act and get him busted.

If he goes to jail, you can file to take away his shared custody. Then insist on supervised visits. Either way, parents have more rights than grandparents most of the time. It will be difficult.

thefid

 

[elizabeth2]

I know parents have more rights than grandparents but I've heard this may not be the case when the grandparents have raised the child since birth and continued for several years. I'm seriously condsidering the Private Detective route, I'm sure it wouldn't take very long to get something on him. The reasons they're dragging there feet on the lawyer are #1 the cost, #2 they think sis will miraculously come around and get herself together (not going to happen) and #3 they know that sooner or later he'll be back in jail on his own

 

[thefid]

I know parents have more rights than grandparents but I've heard this may not be the case when the grandparents have raised the child since birth and continued for several years. I'm seriously condsidering the Private Detective route, I'm sure it wouldn't take very long to get something on him. The reasons they're dragging there feet on the lawyer are #1 the cost, #2 they think sis will miraculously come around and get herself together (not going to happen) and #3 they know that sooner or later he'll be back in jail on his own

Check your state's laws regarding grandparent rights. Since they have guardianship, check out those laws as well. You may find something there that will help your case. However expect to many spend hours... it is pretty dry reading and took me hours to figure out how the laws worked. Yet what I learned is priceless.

thefid
"IamNOTaVisitor"

 

[elizabeth2]

Thank you for your advice. How do you get information on state laws? Are there books I can buy? I'm sure a lawyer, who has studied law for years and years, would know more than I ever could from reading a few books but atleast I could be more informed when trying to talk my parents into doing what they need to do.
P.S. Just found out he was also arrested on retail theft charges at a mall in a different county on the same day as the first charges! (PA posts their docket sheets online-just have to type in the name and county-so I've been able to keep tabs on him that way) To me this is a sure sign he is using again-but I guess it isn't "proof". He still has not made contact since March 18. My mother said he has recently talked of moving to New York, so I think they should move fast before he takes her and never comes back.

 

[thefid]

Thank you for your advice. How do you get information on state laws? Are there books I can buy? I'm sure a lawyer, who has studied law for years and years, would know more than I ever could from reading a few books but atleast I could be more informed when trying to talk my parents into doing what they need to do.
P.S. Just found out he was also arrested on retail theft charges at a mall in a different county on the same day as the first charges! (PA posts their docket sheets online-just have to type in the name and county-so I've been able to keep tabs on him that way) To me this is a sure sign he is using again-but I guess it isn't "proof". He still has not made contact since March 18. My mother said he has recently talked of moving to New York, so I think they should move fast before he takes her and never comes back.

Don't run in an attempt to leave behind the troubles, it will only make matters worse if they are taken to court.

You will not need to read many books or study for years to get what you are looking for. Call your local Courthouse for a head start and for more information of where to look. You may need several hours to read (and understand) family law for your state, however if you are really serious about getting your answer, you will learn a lot.

Links for PA:
http://www.state.pa.us/
http://www.legis.state.pa.us/index.cfm

Call your local courthouse for more information on civil / family laws.

 

[elizabeth2]

Sorry I wasn't clear. I didn't advise the grandparents to run, I meant that the bio. father said that he was going to move, possibly taking her with him, that's why they had to move fast (through the courts).

 

[casa]

Sorry I wasn't clear. I didn't advise the grandparents to run, I meant that the bio. father said that he was going to move, possibly taking her with him, that's why they had to move fast (through the courts).

They need to file ASAP and ask that either party be restrained from removing the child from the court's jurisdiction pending the outcome of the case.

Police reports are public...gather them all up.

 

[BelizeBreeze]

Termination of parental rights in Pennsylvania is governed by 23 Pa. Cons. Stat. Ann. § 2501(a) (West 1991) and 23 Pa. Cons. Stat. Ann. § 2511(a), (b) (West Supp. 1998) and, for aggravated circumstances 42 Pa. Cons. Stat. Ann. § 6302 (West, WESTLAW
through End of 2000 Reg. Sess.)
.

From the sound of the circumstances you should be able to make a case against BOTH parents. But if you file against only the father chances are the court will not hear the petition.

 

[elizabeth2]

That's very good advice. I really did not think of that. Even though my parents want desparately to believe that my sister will "recover" I think that after this last relapse they know they can't trust her with the safety of her child. Do you think other family members (such and myself and my husband) have a better chance pursuing termination the parental rights and then trying to adopt her?

 

[elizabeth2]

So far my father is still being stuborn about hiring a lawyer. If they just go to the courthouse themselves what EXACTLY should they file for? They need to know exactly what forms to ask for as they are senior citizens and get easily confused w/paperwork. Should they file for change in custody agreement? seeking sole custody?

They need to file ASAP and ask that either party be restrained from removing the child from the court's jurisdiction pending the outcome of the case
Does this have a name?

Please if anyone knows about this get back to me ASAP as I think they should do it tomorrow.

 

[ceara19]

So far my father is still being stuborn about hiring a lawyer. If they just go to the courthouse themselves what EXACTLY should they file for? They need to know exactly what forms to ask for as they are senior citizens and get easily confused w/paperwork. Should they file for change in custody agreement? seeking sole custody?

They need to file ASAP and ask that either party be restrained from removing the child from the court's jurisdiction pending the outcome of the case
Does this have a name?

Please if anyone knows about this get back to me ASAP as I think they should do it tomorrow.

This is really NOT something they should try and do on their own. If so much as ONE i is not dotted correctly, the judge can toss the entire case and they will have to start from square one. The Judge doesn't even have to tell them WHAT is wrong with their motion. The cost of filing fees alone can add up quickly if they don't get things right the first time.

Make an appointment with a family law attorney for them. Many lawyers will give a free consutation to prospective clients or charge only a nominal fee. Your father may be more receptive to just TALKING to an attorney if he knows that it will not cost him anything and he is under no obligation to hire them.

Just hearing how the process works and what needs to be done my be enough for him to realize he really does need a lawyer.