Ligonier, PA asked in Child Custody and Family Law for Pennsylvania

Q: Can a legal guardian forbid child to see or speak to their biological mother?

Ever since my daughter was born, my son has been hurting her out of jealousy and “stealing his attention“. I couldn’t turn my back on them without him hurting her in some way. This went on for close to two years until the psychiatrist he was seeing for those specific issues suggested him living elsewhere to see if “time apart helps”. My sister said that she would let him live with her and her husband but they demanded to become legal guardians and have legal documents drawn up and signed. I, not fully knowing child custody laws, just assumed that in order for him to attend school and have health insurance while living with them, that needed to be done. Before signing paperwork, i told my sister the only thing i ask is that I’ll still be able to freely see and talk to him. She said yes absolutely. Fast forward 2 weeks into him living with them, i was told by my sister that “things changed” and I’m not allowed to see or talk to my son. Are they legally allowed to keep him from me?

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Probably not! I'm also curious what exactly you signed to grant any sort of legal guardianship to your sister.

I think you should sit down with an attorney ASAP and go over that document together -- and then determine the best plan of action going forward. Best of luck to you.

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