Can a Grandparent With Custody Get Child Support

My question involves a child custody case from the State of: Pennsylvania.

Here's a little background story on my situation.

In 2014 I had a daughter. In 2015 my father took my son for what was supposed to be a Easter weekend, that following Monday my son didn't return. So I called and asked what time he was bringing him home. He said don't worry about it I got this. So I said cool. Soon after I started giving him cash money for the things that my son needed and the "trips" that my dad said they were going on. All that I asked for was pictures to see where my money was going to. My son would come by the house in the same clothes that he left in which were way to small. When i had money I would ask what size does my son wear and I wouldn't get a answer.

I used to have clothes and coats that became to small for him. So I had to throw them away. I stopped giving them cash and said that I'll get him what he needs just let me know and if I'm able to do it I will. They asked me to claim my son for welfare and income tax they even asked for custody and I told them no everytime they asked. I know that they just want to use my son for money and I refuse to let that happen. 1 my father and his wife are very disrespectful and very verbally abusive to me and I know if they'll do it to me they'll do it to my son as well.

I was letting him stay there at my father house because he had room compared to where I'm living. I was trying to wait for my section 8 to kick in but that doesn't look like its going to happen anytime soon and I've been on the list since 2014. I even tried to talk it over with them saying I'll pay X amount and it's gradually get higher. My father said no.

My question is can my father win this case for child support? Do I have anything to worry about and if so what do I need to prepare for in the coming days. The hearing is the 15th of February?

So you voluntarily gave up physical custody of your child at about age 1. The child has lived with the grandparents for the subsequent 2+ years.

Your problem is it appears you don’t want physical custody of your child. The courts could grant just that. If they do, yes, you can expect to pay child support to your parents.

Where is the child’s father in all of this?

I do want custody. I've never gave my child to them they took him. And his father isn't in the picture.

From what you have told us, you chose to let your parents have custody of your child, you chose to stop providing any support for the child, you insisted upon claiming the exemption for the child even though you were contributing nothing to his support, and you are not presently capable of providing a home for your child. You allowed your father to have custody of your child for more than two years, during most of which your father has been the sole person who has provided anything for the child -- food, clothing, shelter, medical care, etc. That puts him in a decent position of remaining the child's primary caregiver, should that issue be raised in court.

At some point in time, your father either petitioned to become guardian or third party custodian of the child. I suspect he petitioned to be guardian. If so, either he's presently petitioning for guardianship and child support, or he's previously obtained guardianship and is now seeking child support.

If a guardianship is in effect and you want to end the guardianship, generally speaking, you would look at the court order granting guardianship and see what requirements the court defined before you can regain custody. If there is presently a petition pending for guardianship, you can oppose the petition and ask the court to terminate any temporary orders such that custody is restored to you.

But if your father is guardian or custodian, it is more than reasonable that you help contribute to the support of your child, and that he be able to claim the exemptions for a child that he is supporting.

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Quoting Mrs.Beckett

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I do want custody. I've never gave my child to them they took him. And his father isn't in the picture.

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Then the simple question is:

why dont you have physical custody?

I didn't grant him or them anything. And I'm not financially stable. Between the bills the child care for my daughter. I'm on welfare and scrape for money for transportation. I'm struggling as well.

I don't have him with me cause I knew he needed a bigger place and I am looking for a bigger place. He was supposed to be there til I got on my feet.

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Quoting Mrs.Beckett

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I didn't grant him or them anything. And I'm not financially stable. Between the bills the child care for my daughter. I'm on welfare and scrape for money for transportation. I'm struggling as well.

I don't have him with me cause I knew he needed a bigger place and I am looking for a bigger place. He was supposed to be there til I got on my feet.

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By your own admission you still aren’t on your feet so presumably you still would prefer the child be with your parents. That’s not a horrible thing but along with that you are still obligated to pay to support your child as the state deems apprpriate.

So, problem solved, right?

To a point. But how long would I have to pay?

Even though I planned on taking him back this summer

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Quoting Mrs.Beckett

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To a point. But how long would I have to pay?

Even though I planned on taking him back this summer

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You have to pay until the order is terminated.

I suspect there is more going on than you know. Re-read Mr know it all’s post again. It poses several possibilities that may be involved.

Given your financial status you may be able to receive some legal aid. I suggest you start looking for any that may be available.

Legal aid? Like attorney?

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Quoting Mrs.Beckett

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Legal aid? Like attorney?

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In some situations, yes. Other areas offer legal aid advice only.

I suggest contacting your local court to ask about and legal assistance that may be available to you.