Wilmington, DE asked in Child Custody and Family Law for Pennsylvania

Q: Can a paternal grandparent get custody of a grandchild without the consent of the mother and/or going to court?

Mom, dad, and child live with paternal grandmother. Mom and dad are drug addicts, but mom wants to get clean. While Mom was in the hospital, the grandmother supposedly got custody of the child/grandchild. Custody was granted by a judge. If that actually happened, wouldn't the Mom be notified by Children and Youth?

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1 Lawyer Answer

A: Eventually. If the child has been found to be "dependent" by a juvenile court (and upon a petition filed by Children & Youth), then the court could award temporary custody of the child to Children & Youth. That agency will then try to place that child with family first, and may have very well placed the child with the paternal grandmother if Children & Youth found that environment to be safe for the child.

Since the initial "goal" for Children & Youth will be reunification of the parents and child, Children & Youth will be communicating with the parents to try to make that happen. During such conversations, I'm sure Children & Youth will advise the parents where the child is currently placed -- unless, perhaps, there's a real fear that the parents will try to abscond with the child.

If Mom wants her kid back, Mom should focus on getting herself clean and cooperating with Children & Youth. She should also hire an attorney because Children & Youth doesn't like to get out a case once they're in it, and she may ultimately need the help of the Court to make them let go.

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