Fri 19 Nov, 2004 09:18 am
I am a widow, my husband passed away in the Navy last Nov, and my husbands parents live in Texas. They are trying to sue me for joint custody of my son? These people made me do a DNA test after my son was born to prove it was my husbands baby, now they want to take the only thing I have left away, Can they do that?
I am not very well acquainted with family law, but here are some links that might help:
Grandparent issues: Pennsylvania
What are grandparents' rights?
And from Pennsylvania Child Custody Laws and Grandparents' Rights
Currently, Pennsylvania recognizes the rights of grandparents to seek visitation, partial physical custody, or primary physical custody of their minor grandchildren. The grandparents must prove that the requested custody would be in the best interests of the minor child or children and would not interfere with the relationship between the parent and child.
Grandparent visitation laws in some states have been declared unconstitutional after the U.S. Supreme Court considered the subject matter in Toxel v. Granville, 530 U.S. 57 (2000).
Generally, a fit parent has the fundamental right to the care, custody, and control of his/her children to the exclusion of all others. Read the case.