Custody Hearing Procedures

I have a couple questions to ask. I hope that is allowed on one post:  Is it normal procedure at a custody hearing to not be able to state your side and defend yourself? Can grandparents be awarded custody if the parents are still married? Is there any sort of hearing that you have to go through to get a legal DNA test done?

My boyfriend's Ex Wife left him in March 2009, 2 weeks after their daughter was born and moved to VA to her parents' house (so he thougth). We live in PA. Since they were married at the time, it wasn't considered kidnapping. The Ex has not let him see his daughter or send any pictures and he has not been able to go see her because he didn't know exactly where she was because she wouldn't give him any information as to where she was actually living. In October, HER parents filed for custody against both of them because apparently they have been the ones that were taking care of the baby since May.The Ex took off and left the baby with them. He was not aware of any of this. So, the first custody hearing was in November. The judge for that hearing decided that the daughter should stay with the grandparents until another hearing/"trial"---not sure which one is correct to use, sorry--was done in December. The judge in that case DID NOT let him speak at all except to ask her parents a couple questions.... being so, he could not defend any of their so-called claims against him. The judge granted custody to the grandparents. He does not drink, do drugs and have any kind of criminal background at all. He has a license to carry a firearm so I'm sure that backs that claim up. The only thing that he is guilty of is not making more of an effort to find the Ex and his daughter sooner before all this happened. It shouldn't have gone this far. Of course, that is being held against him at this point too. Also, there is yet another hearing to come in March of this year to give the final ruling and he can appeal.

The twist to all this is the Ex is now claiming that his daughter is not his after all this time. She can't be trusted and she constantly lies about things. So in February he apparently has to go back down to VA again for a hearing to request a DNA test to be done. I am trying not to get involved too much in this whole mess but I have a feeling he's gonna get his hopes up for nothing.

This is complex enough that Dads only option is skilled counsel.

Not clear if they are divorced and/or what any custody order says and waht state has jurisdiction as to divorce if any.

Generally a product of a marriage is considered to just that, even if Dad is not Dad by DNA--and in a way Dad may need to quickly contest/sort it out as he could otherwsie be on hook to pay for kid not his own--thru college!

Ordinarily Dads right would trump anything GP's have to say--but given GPs now have some sort of court order Dad risks winding up in jail if he tries to spirit his own kid a away

By waiting so long--the jurisdiction as to child is now very likley  VA not PA and it gets worse as to visitations etc. Unless PA was original jurisdiction?

Dad needs very good counsel in VA--nothing less is going to help!.  If Dad failed to use counsel in round one, which I bet he failed fo use, he dug himself some major holes . It makes little sense that Dad could not promptly recover own child --but he took a rubber knife to a gun fight--with predictable odds .

Thanks for answering.  They are still legally married until all the paperwork is signed and filed. He was able to file for that here in PA. No final custody order yet but he would get one weekend a month for visitation according to the guardian ad litem. The guardian also said that in VA if the baby is found to not be his he wouldn't get stuck supporting her that way. Right now the baby remains with the GPs until a final say is determined. Who knows when that will be. All these hearings tying up court time. We're assuming that the GPs waited until child was old enough to be considered a VA resident instead of PA so he would have to drive down there for everything. As far as getting an attorney, he tried but none were available or practiced in that area. Plus he can't afford one at the prices that are charged. I found some info for how to apply for low cost so hopefully that will work.

As for him not being able to get her for whatever reason, according to the "best interests of the child" guidelines, he doesn't have a relationship with her, thanks to her mother. She doesn't know him and moving her up here to a new environment probably would do more harm although she is too young yet to really remember it at all.

So he basically wasn't given a fair chance because he wasn't able defend himself.

I agree Dad needs a good attorney in PA. He should request a DNA test first and foremost. Secondly if the child is his he should petitoon for custody, but since he has no relationship with the baby, then at least visitation for now.

He did file a petition for custody and that was supposed to be held the day of the GP's but since he didn't get to speak I'm assuming it was thrown out. This does not seem like proper court procedures at. Does anyone know any low cost attorneys in PA? Thanks

If the custody hearing is scheduled in Va- he needs an attorney licensed in Va. 

Oops. Sorry, I did mean VA.