Pennsylvania Child Custody Legal Questions

It depends on a couple of factors: 1. Does your girlfriend live with you? 2. What were the felonies? It's unlikely that your ex will get full custody, but your custodial time could be reduced if the situation is not handled correctly. Some judges overreact to criminal histories and some do not.... Read More

See a lawyer. Grandparents have no rights to custody unless they meet certain criteria in the statute. The biggest criteria is that the grandparent has acted as a parent for the child for 12 months. If this switch in custody to the grandparent is recent, you may want to hire an attorney to file or if your court has pro se motions, do it yourself.... Read More

There are new rules of court that allow a court to "investigate" the criminal past of anyone living in your household regarding custody. If the charges are old (10+ years) or not serious, you have a better chance of them not making a difference. That being said, it depends on what the judge thinks and on how the other side spins the story. Marrying your friend would not make any difference, in my opinion. If the judge wants him to explain his past, he should do so honestly. If he lies, the court can find out the truth by pulling his criminal history. The main issue at question is going to be "is this man a threat to the child?"... Read More

The best way to find a "good" lawyer is to ask family or friends. If that doesn't help, call your county Bar Association for a referral. Were the travel expenses ordered in the custody order? If so, you have to file a petition to modify the custody order. Were they ordered in a Petition for Special Relief? Then you have to file a Motion to Reconsider (within 20 days) or a new Motion for Special Relief.... Read More

The first question that you should consider is whether the move would be considered a relocation by the court.  A relocation is a move that significantly impairs the ability of the non-moving party to exercise his or her custodial rights.  If the move does not make it difficult to follow the same schedule, the court would most likely not consider it a relocation.   If the move would be a relocation, then a party cannot relocate unless every person who has custody rights to the children agrees to the relocation or the court approves the relocation.  Your ex-wife is required to give you advance notice of the intended relocation and information about where she intends to live and the school that the children would attend.    ... Read More

In Pennsylvania, a judge has ultimate responsibility to determine the best interest of a child when parents cannot agree.  The custody statute lists 16 factors (23 Pa.C.S. Section 5328) that a judge must consider when determining the child's best interest, although number 16 is "any other relevant factor," so the court is not limited in what it can consider.  One of the factors is the "well-reasoned preference of the child, based on the child's maturity and judgment."  A judge would consider your son's preference, his age, and his reasons for the request to live with you, along with the other factors in entering a custody order.  ... Read More