Bethlehem, PA asked in Family Law for Pennsylvania

Q: The father of our grandson moved out of PA to Montana with our 2 year old grandson. He failed to notify court / mother

What rights as grandparents do we have, as he refuses to provide address in Montana where he is and will not allow us to make contact with our grandson via video, phone, etc. My daughter, the mother is currently in Prison and therefore was not given any notification. He does have custody of our grandson. He also moved to a location with a person he just met and her 3 - 4 kids. We have custody of our grandson's older brother and both of his sisters are also here in PA. What can we do to get visitation rights to our Grandson

Related Topics:
2 Lawyer Answers
Kathryn Hilbush
Kathryn Hilbush
Answered
  • Media, PA
  • Licensed in Pennsylvania

A: Sit on in person with a local experienced family law attorney. There's not enough information here to discuss whether you may have standing to obtain custodial rights in this situation. Also, just because your daughter is in prison doesn't mean that he was relieved of the requirement to notify her that he intended to relocate. You need to move quickly. Your daughter's case, and yours if you have one, grow far more difficult once the children have been in Montana for six months.

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Under the new Act 21 you have certain rights but moving to Montana verges on a hostile act to the extent it makes the youth inaccessable. Just because she's in prison doesn't mean she has no rights. As you have the other sibs, then you have a significant say but you need, as the other attorney said to get a consult with an attorney for the county out of which the custody etc were arranged.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.