Pennsylvania Child Custody Legal Questions

When parents cannot agree on custody, the non custodial parent may file a Complaint for Custody in the county where the child resides.  It is a lengthy process but will result in an Order for custody giving you rights.    I trust this answers your questions but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read More

Custody is unrelated to divorce, although a complaint for the same may be included in a divorce complaint.  Rather, as soon as parents separate, regardless of marital status, a custody claim may be made.  The only jurisdictional requirement is that the children live in the home jurisdiction for at least 6 months. Each case is unique but what you described certainly suggests that the father should not be awarded 50/50 custody.  Rather, he may have partial physical custody, generally every other weekend and one night a week, with conditions such as not driving with the children in the car. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

The only way to enforce or modify custody is through a Petition and a Court Order.  If an Order exists, you would need to file a Petition to enforce or modify it, depending on its terms.  A notarized agreement is irrelevant, other than as a minor evidentiary factor regarding the facts and circumstances.  The only standard that courts must apply is the best interest of the child, regardless of what the parties agree to. I trust this answers your questions, and, if you live in the Delaware Valley, feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

It is not clear to me if PA is the state the child currently lives in.  If so, PA law requires that the person seeking to remove the child from his home jurisdiction file a Petition to Relocate.  If another state is the current home state, you should speak to an attorney in that state.  However, you will also need to file an Emergency Petition for Temporary Custody as a grandparent has no rights to full custody without a court order. I trust this answers your questions, and if you live in the Delaware Valley, do not hesitate to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

If the mother is blatantly violating a custody order, you should file an Emergency Petition for Special Relief.  The court can order that your daughter be returned immediately and that order will be enforceable through the sheriff or police, if necessary. I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Generally, grandparent rights only apply to visitation, which is the right to visit a child, only.  However, given the facts, it is possible that both the Court and OCY would agree the best interests of the child compel awarding you full custody.  You can certainly seek custody on your own, but I strongly advise retaining an attorney as it is an unusual situation.. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Yes, both parents have rights regardless of the birth certificate.  Similarly, the custodial parent has the right to seek support from the non custodial parent. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

Yes, you can state your custody preferences in your will but that is not binding on the court as they must proceed in the best interests of the child. I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.        Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

PA requires that a Petition be filed by any parent seeking to relocate to any significant distance from the other parent.  You should file a Petition for Special Relief on an emergency basis seeking an Order requiring that the child be returned to your jurisdiction and or give you custody. I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email on a free initial basis.      Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com  ... Read More

I am responding to the last question first as that appears to be more urgent.  In PA, a parent may not relocate a child any significant distance from the other parent without court approval.  If you are concerned he will do that, I strongly suggest you obtain a temporary order for custody. Regarding the title, the only way to compel him is through a lawsuit for specific performance.  You had an oral contract to buy the mobile home, you performed, and he did not.  I hope this answers your questions but feel free to call or email me on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More

If the child has been in PA with your son for at least six months, jurisdiction for custody is in Philadelphia.  He should file a petition to confirm primary custody in him with the Philadelphia Family Court.  Forms and instructions are available on the Philadelphia Family Court web site.  There will be a fee for filing.  When he receives notice of his first custody hearing with the Master and if he wishes representation, have him contact me or an attorney in my firm. Best Regards, Maribeth Blessing 215 663-9016 www.mbfamilylaw.com  ... Read More

If there is an actual termination of parental rights Order  of Court, validly entered by the Court, then you are no longer the child's parent.  Because you are no longer the child's parent, you don't have to pay child support.  Be aware though, that it's a complicated process to actually voluntarily terminate your parental rights. ... Read More

There are very few cases where one parent has 100% custody and the other parent has 0%.  It is almost always in a child's best interests to know and having a strong, loving relationship with both parents.  How much physical custody (between 0% and 100%) a parent has is based on  a lot of differenet considerations, one of which is the safety of the child while in that parent's care.  So you should be thinking about how safe the child is when the child is with you, and making certain that it's obvious to everyone, including mom, that the child is safe and well-cared for when she is with you.  If that means your girlfriend doesn't drive the child around, or whatever it means in your particular situation, do what you have to do to make sure it's clear that your child is safe and well-cared for when she's with you.... Read More

you can file a petition with the court and ask for whatever custodial arrangement you think is in your child's best interests.  you can also ask that psychological evaluations occur, and/or that dad see a therapist.  notice i said that you can ASK for these things.  I have no way of knowing whether the court will  ultimately grant your reqeusts - no one nows exactly how a case will turn out.  the court always tries to implement a custody order that is in the child's best interests; each party tells the court what he/she wants and why, and the court makes a decision.... Read More

yes and no.  it's certainly evidence of what type of custody arrangement the mom and dad want.  but it is NOT an Order of Court, so the court  often won't actually enforce it.  and certainly the police are even less likely to enforce it.  to be safe, your husband needs a custody order that is signed by a judge and filed with the court located in the county where the child primarily resides. ... Read More

I'm assuming there is an Order of Court somewhere that says he has to stay away.  If there is, then he's in violation of the Order and you can file a Petition for Contempt of Court, saying that he violated the Order. If he has a parole or probation officer, you may also want to get in touch with that person. I'm also assuming that there is a Custody Order of Court that gives you the right to see your children on some basis.  If you think they should be spending more time with you because they are not safe at mom's house, then you can file a Petition to Modify (change) the current Custody Order.... Read More

Kids will be kids.She may be able to get the custody on emergency bases. However, you will and should contest it otherwise you may end up losing your custody and a good amount of your parental rights. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More