Cary B. Hall's answer Honestly, kind of hard to understand your question! When you say "signing away their parental rights," you could mean two things: (1) at a termination of parental rights hearing (in Orphans' Court), a parent literally does sign away parental rights, or (2) at a custody hearing (in Family Court), a parent agrees to give up or limit custodial or visitation rights.
To determine which one you're talking about, I suggest you sit down with an experienced family law attorney to go over...
Kathryn Hilbush's answer Are you inquiring about a PA or a MD case? In PA, if you wanted to force the issue you'd probably have to file a petition with the court but I would recommend that you first discuss the issues you have with the current situation with an experienced family law attorney before filing anything. t's hard to know from what you've said here why you feel your daughter should not be staying with the grandparents more than with the mother.
Kathryn Hilbush's answer Custody and support agreements need to be entered as court orders to be enforceable. However, assuming neither parent disputes the terms of the custody agreement, the fact that it's not been entered as court order should not cause an issue with the support case.
Kathryn Hilbush's answer 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.
Kathryn Hilbush's answer It seems odd that your daughter's therapist would require any parent to be present during her therapy sessions since you have stated that the sessions are for your daughter and not family therapy. Some therapists do make it a practice to meet with one or the other parent individually or with the child for part of a session upon occasion, however. I'd make sure that the therapist understands that this is therapy for your daughter. On the issue of violating the PFA, to be safe, the PFA should be...
Penelope A. Boyd's answer People threaten each other often in custody matters. It does not necessarily mean a court will agree with them. But your fiancé should consult an attorney, find out his options and make his own decision. You should not be doing it for him.
Kathryn Hilbush's answer The act of granting custody to the grandparents will not in itself terminate your parental rights. That's a completely separate action. However, it appears to me that you would be well served to discuss your current situation with an attorney experienced in child dependency law before allowing this matter to progress much further.
Penelope A. Boyd's answer The fact that you are asking this in the context of a custody case suggests you are more concerned about the custody case than any physical abuse. If that is not the case and your child has been abused then you should report it. It is a difficult situation in real life because you have no way of predicting what will happen. The safest thing to do is to discuss your options with a local family law attorney.
Penelope A. Boyd's answer In an adoption in Pennsylvania there is a provision that allows (in some cases) for limited continuing contact with the biological family. In custody, grandparents of a deceased may petition the court for partial custody or visitation. It all depends on what the court determines to be in the child’s best interest.
Kathryn Hilbush's answer If you have a court order for custody that should specify the periods of time when you have your child with you. If you don't have a court order, then you're going to have to demonstrate to the support court that the ch hild spends at least 4 overnights with you weekly, or 8 out of every 14. Anything less that that many overnights will be considered shared custody (7 out of 14 overnights) or partial custody (less than 7 out of 14). It's all in the overnights, not the daytime hours.
Kathryn Hilbush's answer You may have to follow the PA relocation procedure. Your question really needs to be addressed by an attorney in an in person consultation during which the logistics of your ex's move and your prospective one, along with those of your custody arrangement, can be carefully reviewed in detail.
Cary B. Hall's answer Impossible to answer without sitting down with you and going over your entire, detailed history since CPS got involved. But if what you say is accurate, it sounds like you're doing everything right so far -- and at some point, CPS will have to let go. They're typically hesitant to do so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.
I suggest you consult with, and then hire, an attorney to act as your advocate....
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.