Pennsylvania Child Custody Legal Questions

When parents separate, courts will generally try to keep children in contact with both parents and divide custody in accordance with the best interests of the child.  Having a mental health issue alone would not disqualify a parent from custody of the children, and even someone who is symptomatic may be able to spend time with the children. Courts may order custody evaluations or require evidence of participation in treatment.  One parent cannot decide that the other has "mental issues" that affect custody -- there must be some evidence to support it. That evidence might be behaviors that support an evaluation.  It all depends on the circumstances.... Read Answer

You should be talking to an attorney who knows child custody practice, especially in your local county.  First, you will want to know what the court does in cases where the child will be 18 and there will be no custody jurisdiction.  Second, you need to be clear in your own mind about specific changes in the order.   It is hard when parents have differing philosophies about children, and teenagers exploit that. ... Read Answer

The reason it would be challenged is because the court must have a clear understanding of the facts so that it can issue an appropriate order.  If those facts are incorrect, that error should be brought to the court's attention to determine whether the Order should change. However, if the only difference is the biological relationship, that may not mean the Order has to change.  The issue is what is in the best interests of the child.  If that best interest is having custody with the aunt, the court could certainly order that on a temporary basis. ... Read Answer

Hi Sheri: First, let me preface this  by stating I am not admitted to practice law in Pennsylvania, and the laws of your state may differ.   I am assuming that you are divorced from  your children's father (or, if you were never married that there is a judgment establishing paternity and custody,visitation,timesharing) and that there is a final judgment or other order of the court prohibiting the parties from moving.   If that is the case, then yes, you must seek a court order to change that which is now the ruling in your case.  The good new is that typically when both parties agree, the Court will permit a stipulation or similar written agreement to be submitted to the Court, and the Court will typically enter a judgment or order consistent with the agreement of the parties.   Perhaps your state has some on-line forms to assist you, or you may be able to speak with a clerk at the courthouse or the judge's assistant with some help in setting a hearing to accomplish your intentions.  Often, in a case where all parties agree, an attorney may also be able to help you far more economically than when a matter is contested.  However, if you leave without an order it can come back to bite you in the future.   Good luck with your plans, and please confirm this with a Pennsylvania attorney.   Cindy S. Vova    ... Read Answer

With the limited information provided, it might be as it seems to preclude you from information that should be available to you as joint legal custodian of the child. I question why you need to know billing information. If it is that important to you, you can pay your attorney to petition the court for a ruling on this.... Read Answer

You can raise this information. Believe it or not him being an alcoholic is not a reason alone to keep him from his child. If being an alcoholic puts the child in danger, that is another issue. It is worth having your attorney bring it to the courts attention. The courts are quite accustomed to alcoholics and drug addict parents in custody situations.... Read Answer

That is known as de novo review.  The court is not allowed to form an opinion or decide the case based on anything but the evidence produced at the hearing. At the hearing, you will be allowed to introduce admissible evidence.  That is usually your first hand testimony, or any other witnesses you have.  Documents are often hearsay and may not be admissible unless the mother doesn't object.  You should consult an attorney and it may be advisable to have one represent you at any hearing to assure you submit the best case.  ... Read Answer

For convenience, parties may include a claim for custody in a divorce case, but they don't have to.  In any event, if grounds for divorce exist, such as you both consent, and there are no economic claims, the divorce decree should be granted. But you remain free to pursue relief for custody such as an order providing days for exercise of partial custody.  That is the right to have your child or children overnight.  Depending on the distance, that could be every other weekend or less often.... Read Answer

If you don't have one, it may be a good idea for you to get one.  Based on the court system, that will take time, but you will ultimately have an enforceable order which will on paper assure he is required to bring the child back from any exercise of his custody.  If he refuses now, and you don't have an order, you can still file an Emergency Petition for Special Relief seeking the immediate return of your child if that is where your child lived most of the time.... Read Answer

I think it might be risky just to up and move with him. What does the written court order say. If mom got a lawyer once, she may get one again, probably for free. However, based on her visitation history, you may have a really good chance to get what you want if you file for a relocation hearing. You really need to get this opinion from a lawyer who practices family law in your county.... Read Answer

A notarized agreement is not a substitute for a custody order.  Written agreements between parents on custody may work out if the parents are both committed to making an arrangement that works and have little conflict over the agreements.  The agreement may show good intention, but it is not enforceable.  It may seem like having it notarized would make it more official, but it really does not make a difference if the parties are not willing to do what they promise.  That is why there is a court procedure for securing and enforcing custody orders. if you do not have money to pay for an attorney, you could try to see if you are eligible for legal services.  Another option is mediation, where you and the father pay a mediator to help you work out an agreement which you can then decide to enforce or not.  You might have to pay to file a custody action and for the filing of the agreed-upon order.  Generally, this would be less expensive than filing a custody action with the court. All custody orders are considered modifiable, that is, they are subject to change, because the courts are looking at the best interests of the children and that can change at any time. I hope you find a solution to your problem.  Good luck.... Read Answer

In order to have a civil case of any sort here, you need negligence and damages. The school was obviously negligent. Unless the granddaughter was hurt by the mother or exposed by the mother to someone who hurt her, I am not seeing any damages here. However, you may want to talk to a personal injury lawyer.... Read Answer

That is the law in PA, and I believe most, if not all, states.  So, you would need to file a complaint for custody in the county where the children live.  You may have to travel here for any hearings. Generally, the courts will not transfer custody to another state, absent a showing of some harm to the children where they live now.  They will be reluctant to up root them unless it can be shown they will be substantially better off with you.... Read Answer

They are normally reserved for responses to civil complaints.  Indeed, there may not even be a procedure for the court to resolve it.  One reason is that petitions to modify custody can be filed at any time by either party.  I cannot conceive of a basis for filing POs.  That differs from a complaint for custody in which I filed POs once based on the parties living together.  That is a jurisdictional issue.  It may be simplest to address any legal issues you wanted to raise by the POs before the master, conciliator, or judge, depending on what county you are in. I hope that answers your questions but feel free to call or e-mail me on a free initial basis.  ... Read Answer

If the biological mother's involvement with the son is that little, you will have no problem obtaining full physical and maybe even full legal custody. You need to hire a lawyer unless your county has a court program that assists people do things like this without a lawyer, pro se. Beware that if you haul the bio mother into court, she could ask for visitation, and might get a small amount of visitation in the order. Whether she wants this or even shows up to court is not for certain. As far as your wife becoming his mother, you would need to file for a step-parent adoption and would need to consult with an adoption attorney. This would involve the bio mom agreeing to terminate her biological parental rights or the issue of the termination of her rights being litigated in a trial. You could always sue the bio mom for support and try to bargain with her that if she agrees to terminate her parental rights, you will not seek child support for the next 12 years. If she hardly ever sees him, you may want to ask yourself if this is worth the stress and expense.... Read Answer

If the agreement you had originally, was part of the divorce decree or a court order, it has not been voided unless either of you has gone to court and modified it by obtaining a new order. However, if you file for custody now, the relationship with your son for the past 6 years will be a factor considered by the court in determining who should have physical custody and how much. If you cannot afford a lawyer, some counties have pro se motions court, indigent divorce programs or other assistance. Also, you can contact the nearest Legal Aid Service if there is one in your county.... Read Answer

Emergency custody actions are reserved for situations where there is an immediate need for a temporary order to protect the best interests of the child. That could include need to go back to school or an attempt to relocate the child without court permission as is required under the custody statute.   Custody actions are very fact-specific, so it is hard to give you a concrete answer.  You should try to speak with an attorney today about your situation.  You may not be able to get your son returned as soon as you want, but you need to start as soon as you can so father cannot argue you agreed.  Also, you need a custody order in place (even if it is the same agreement you had notarized) so that it is enforceable. As to the move, if you have not been living with your child in Pennsylvania for the last six months, it will make your custody action more complex. But that is another reason to consult a lawyer. Penelope A. Boyd 610-692-3400 www.penelopeboydlaw.com... Read Answer

Get a lawyer.  If you can't afford one, go to Legal Aid and see if you qualify.  But also prepare to be a parent.  I don't know how old your son is, but he will need a dad who keeps him out of the middle of whatever is going on between the adults, who is going to be consistent and is going to think of his needs first.   If the threats are that you won't get time with your child, then filing a custody action in court will help set some ground rules about your time with your son.  If you and his mother can agree once there is a court action, you two may be able to work together in some ways to share the responsibility and the joy and give him two parents, even if they don't live together. Whatever the drama is between you and his mother, you have to be prepared to step up.  Find a parenting class locally and take it.  Make sure you are contributing to supporting your child.  The law recognizes that whenever possible, children do better with two parents in their lives.  If you are doing what you need to do, and are focused on keeping him out of the middle, you will be a good father and every kid needs a good father.... Read Answer

You are really asking two questions.  It is legal to be served with custody papers prior to a hearing.  That does not mean the hearing has to go forward.  You or your attorney may ask for a continuance in order to prepare for the hearing.  It will depend on the circumstances of the case, as well as the judge's decision as to whether or not the case will go forward as scheduled. Penelope A. Boyd610-692-3400 www.penelopeboydlaw.com... Read Answer

You need a lawyer.  There is no simple answer to your question.  I would want to see the papers that were filed and the basis for the emergency custody.  Was it done through a custody process or was there even a custody order in place?  Is there a Protection from Abuse action pending. The answers you want are pretty much determined by the specific facts of the case.  There are situations where this can happen and others when it happens but it can be challenged.  Custody cases focus on the best interests of the child. Penelope A. Boyd 610-692-3400 www.penelopeboydlaw.com      ... Read Answer

Not really sure. I would write the ex a certified letter asking him to remove it. If he doesn't I would then report it to Facebook. Document everything. If Facebook cannot help you, contact a lawyer to determine if there is liability. If your ex is the biological father (I am not sure from your email), you may be out of luck, since he is a legal custodian.... Read Answer

If you have an agreement on custody that is not a court order, the usual solution is to file for a custody order that would have the court decide who has custody when.  Often parents have trouble with agreements because they have different expectations when they sign the agreement.  If possible, you might want to try to work out a specific schedule with the other parent -- joint custody does not really define what the parties are intending and often there are tensions because of the misunderstandings.  Another option, if it is difficult for you to discuss this with the other parent, is engaging a mediator to work with you both to develop an agreement that works for both of you.... Read Answer

You need to file a motion for custody and visitation and child support.  The way to put out the facts suggests you are and have not been married, and if so, you would need a motion to establish paternity.  Go to the Department of Child Support Services in your county to get started- they can file a motion to establish paternity and for child support. No fee. If you can't afford a private attorney, go to the Family Court Facilitator at your county courthouse to help you, also for no fee, to file a motion to establish custody and visitation.  ... Read Answer