Mechanicsburg, PA asked in Family Law for Pennsylvania

Q: My mom has raised my daughter for 2 years but has no custody. Can I get her back? She won't let me see her at all.

My mom has raised my daughter, but we have never been to court at all. She hasn't filed for custody or temporary custody or anything. I went to visit her the other day and my mother wouldn't allow me to see her. Am I able to pick her up? I don't have anything on paper stating I have custody of her, but I am on her birth certificate. Would I be able to get a police officer to accompany me to pick her up since I am her mother and my mom has no custody at all? I'm not sure what the laws are on this matter but I do know she legally can't keep her from me.

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1 Lawyer Answer
Steven Robert Tabano
Steven Robert Tabano
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Since your mother has had physical custody of your daughter for so long she now had legal "standing" regarding her custody. In other words, she is now involved and part of your custody case. You would need to file a complaint for custody naming both her and the father as a parties. You can also ask the court to start giving you some time with your daughter while the case works its way through the court. Please remember, if your mother has been raising your daughter for so long it is not good for her to suddenly change this arrangement. Children need stability in their lives and you have obviously not provided that since your mother has been raising your daughter. However, you should continue to try your best to be a good mother and in time you will get her back in your life.

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