my son passed away & I have legal guardianship of my grandson

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BJWings

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First alittle background info:

My son's ex-girlfriend never told him he had a child until the boy was 3 yrs. old & then she gave my son all legal custody of him stating she couldn't care for him because she is bipolar & is depressed & tried to commit suicide. Judge signed papers for full custody to my son. (I still have the papers). My son had a living will done and appointed myself as legal guardian of my grandson if something would happen to him. My son was 36 when he died, just a few months ago & my grandson is 12 years old. I am 59 & in "ok" health.
Myself & my son & my grandson has lived together for the full 9 years since my son received custody. I took care of my grandson while my son worked. I started him in pre-school & raised him. He has very good grades. The mother has never been in my grandsons life for the passed 9 years--- no calls, no birthday or christmas cards, never asked for visits, nothing. She knew where we lived, but nothing.

Also, when she gave birth to my grandson she was married & they were raising my grandson together. (her husband knew at the time the baby wasn't his, but he took him as his own) Then they split up & her ex kept my grandson as she just up & left. She called my son & told my son about having a child & that she couldn't take care of him & asked if he would like to raise him. I believe she was treating my grandson as a pawn in her life.

Just about 2 weeks ago, she found out my son passed away. She states she wants to be in her son's life now. I have no problem with her visiting him. If she meets us 1/2 way or here where he lives with me. (she lives clear across the state) I just don't trust her yet.

My grandson says he'd like to visit her, but that's it. He says he wants to stay with me & still live with me.

I have filed for full custody of my grandson. I have a "orientation hearing" on the 21st this month. I sent her the papers (by certified mail) & she text me that she will never sign him over to me. What rights do I have since me & my son raised him & she wanted no part of her own son's life for 9 years?


I'm sorry this is so long & rather complicated. I"d like to know if there's any chance that I can continue to raise my grandson. I'd like to know what an "orientation meeting" is. Thank you for your time.
 
You have no rights superior to a child's mother or father.

I suggest you prepare for the boy's mother to wrest him away from you.

Your position is tenuous at best. I suggest you improve it by retaining a lawyer to assist you in your fight. But, that might not be enough. The mother seems ready to parent, and if she fights, things are on her side. That's not to say you can't make a case for stability in the child's life, but it won't be easy without a lawyer.
 
First alittle background info:

My son's ex-girlfriend never told him he had a child until the boy was 3 yrs. old & then she gave my son all legal custody of him stating she couldn't care for him because she is bipolar & is depressed & tried to commit suicide. Judge signed papers for full custody to my son. (I still have the papers). My son had a living will done and appointed myself as legal guardian of my grandson if something would happen to him. My son was 36 when he died, just a few months ago & my grandson is 12 years old. I am 59 & in "ok" health.
Myself & my son & my grandson has lived together for the full 9 years since my son received custody. I took care of my grandson while my son worked. I started him in pre-school & raised him. He has very good grades. The mother has never been in my grandsons life for the passed 9 years--- no calls, no birthday or christmas cards, never asked for visits, nothing. She knew where we lived, but nothing.

Also, when she gave birth to my grandson she was married & they were raising my grandson together. (her husband knew at the time the baby wasn't his, but he took him as his own) Then they split up & her ex kept my grandson as she just up & left. She called my son & told my son about having a child & that she couldn't take care of him & asked if he would like to raise him. I believe she was treating my grandson as a pawn in her life.

Just about 2 weeks ago, she found out my son passed away. She states she wants to be in her son's life now. I have no problem with her visiting him. If she meets us 1/2 way or here where he lives with me. (she lives clear across the state) I just don't trust her yet.

My grandson says he'd like to visit her, but that's it. He says he wants to stay with me & still live with me.

I have filed for full custody of my grandson. I have a "orientation hearing" on the 21st this month. I sent her the papers (by certified mail) & she text me that she will never sign him over to me. What rights do I have since me & my son raised him & she wanted no part of her own son's life for 9 years?


I'm sorry this is so long & rather complicated. I"d like to know if there's any chance that I can continue to raise my grandson. I'd like to know what an "orientation meeting" is. Thank you for your time.


You really, really, REALLY need an attorney.

Because I actually do think you have a valid case.
 
I can see the possibility of a valid case for the OP here but again not without a lawyer.

OP, you asked about an orientation hearing. Per my info, generally it is a hearing/meeting with disputing parties & a third party to gather further information & to see if something "might" be worked out. It sometimes includes "counseling" before hand for each party.

In Pa. all county courts have their own rules & procedures re mediation, orientation hearings, etc......... Your lawyer should be able to answer any questions you might have.
 
Betty3;
The paper regarding the orientation meeting states that either party that does not pay the fees & does not show for the hearing could result in the paying party receiving custody. I also received a text today from the mother stating she does not want to take him away from me, just wants to see him. So maybe things could work out. I can not afford an attorney; I called & they want $1000. to $1500. upfront & then $150 to $200 an hour. Thank you.
 
Maybe something can be worked out at the hearing. Good luck.
 
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