Can my fiancé sign guardianship of his daughter over to me?

Q: My fiancé had a son with a woman. We cannot get ahold of she has not seen the boy since the day he was born. My fiancé is going away (upstate as they say) for a year or so. I need to get him into my guardianship or custody. How do we do that? (Pittsburgh, PA)

A: One way, perhaps the easiest way, would be to file a motion for temporary custody in the Family Division. You would draft a motion in which you tell the judge the circumstances and ask to have temporary custody, while the father is away. You would have to serve all parties of interest with a copy before you present it to the Family Division Motion’s Judge. Parties of interest would obviously be mother and any person’s related by blood including parents and siblings of the mother, if you know who they are and how to reach them. This will also include family members of the father. If you have notified these parties of interest ahead of time as required by the Civil Rules, and they do not appear to object at the motion, it should be granted. You should hire an attorney to do this and if you cannot afford one, go to the Family Division at 440 Ross Street and ask to see the pro se motions clerk for help. They can guide you through the process of doing it on your own.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.