PHILADELPHIA Mother regains son from his grandparents

She plans to home-school the child.
PHILADELPHIA (AP) -- A former exotic dancer regained custody of her 8-year-old son from her ex-husband's parents this week after an appeals court, questioning the breadth of the state's grandparents rights statute, restored her parental rights.
The Superior Court ruling granting custody to Cherina Slepecki of Bellevue follows U.S. Supreme Court rulings that give parents primary authority over their children except in cases of abuse or neglect.
"I think it's a tragedy that grandparents are able to sue fit parents and obtain custody of children," said Slepecki's lawyer, Lisa Marie Vari of Pittsburgh.
The appeals court questioned whether fit parents should ever have to defend their parental rights against third parties.
Father is unfit
Slepecki, who had divorced Kenneth Boart Jr. in 1999, regained custody of her son on Tuesday. Boart, who is in jail, had previously been deemed unfit, lawyers said.
The Superior Court opinion, issued last week, overturns an Armstrong County judge's finding that Boart's parents were better caretakers, given Slepecki's late-night work hours, allegedly poor care of her son's attention-deficit disorder and other issues.
Slepecki said Wednesday that the allegations of poor care reflected a simple difference of opinion on whether to treat the boy's disorder with drugs, something she said his grandparents did not want done.
"It was recommended by two physicians, so I did what I thought was best for my child," Slepecki said.
Taking it hard
The grandparents' lawyer said his clients were taking the ruling hard.
"They're devastated. They've invested a lot in that kid," said lawyer James L. Liberto, who represented Kenneth and Beverly Boart of New Kensington, who had had custody of the boy since June 2002.
"We note that nowhere in the trial court's opinion is there any finding that mother was unfit or that child was substantially at risk," Judge Debra Todd wrote.
Slepecki, who is remarried and no longer works, plans to home-school her son. It is not yet clear whether she will let her son visit his grandparents, given the hostility and expenses -- $15,000 for the appeal alone -- that the court battle spawned, Vari said.