Pittsburgh, PA asked in Child Custody, Civil Rights and Family Law for Pennsylvania

Q: should I file a civil rights violation for a partial physical custody agreement? I don't believe the criteria was met

it resulted in a domestic dispute and ultimately my arrest for 13 misc pending charges.

§ 5324. Standing for any form of physical custody or legal custody.

(3) A grandparent of the child who is not in loco parentis to the child:

(i) whose relationship with the child began either with the consent of a parent of the child or under a court order;

(ii) who assumes or is willing to assume responsibility for the child; and

(iii) when one of the following conditions is met:

(C) the child has, for a period of at least 12 consecutive months, resided with the grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, in which case the action must be filed within six months after the removal of the child from the home.

My oldest daughter didn't reside with my parents since March 1, '17 & the motion was filed Sept 22, '17. It was signed into order by a mediator in Nov. '17.

1 Lawyer Answer

Kathryn Hilbush

Answered
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: You should meet with an attorney in person to discuss this. I'm not sure where a civil rights violation comes into play but I'm sure you'll have more information to present if you meet with someone in person.

Mr. Ryan L Hyde agrees with this answer

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