Hamilton v. Bromley, No. 15-3111 (3d Cir. 2017)Annotate this Case
In 2014, father had partial custody of S.H.; S.H. accused mother of abuse and fled from her home to father. Father sought a temporary order of full custody. A Pennsylvania judge granted mother emergency custody. S.H. was referred to Centre County’s Children and Youth Services (CYS) because of the abuse allegations. CYS concluded that the allegation did not meet the definition of child abuse but continued its investigation, giving S.H. the option of moving into a group home or remaining with his mother. S.H. did not want to stay with her. Mother arranged for S.H. to stay in Youth Haven and objected to any contact with father, claiming that she had sole custody. CYS and Youth Haven allowed contact. After a visit, father complained about Youth Haven, which told CYS that S.H. could not stay due to problems with father. CYS informed father that he could no longer contact S.H. at Youth Haven. Hamilton filed a federal suit, seeking declaratory and injunctive relief, alleging that conspiracy to deprive him of his constitutional rights by “placing S.H. in a shelter tantamount to confinement” and “arbitrarily and capriciously terminating all paternal visits and contact.” While that case progressed, S.H. left Youth Haven. A new Pennsylvania judge vacated the prior emergency custody order, granted father physical custody of S.H., and prohibited contact between S.H. and mother. The Third Circuit affirmed dismissal, finding that the case was mooted when father obtained custody.