Pennsylvania Child Custody Legal Questions

Several issues. Grandparents have no right to custody unless they meet the criteria of the grandparental custody/visitation statute. I cannot explain all the criteria in this email, but the most important facts are how long the grandparent has had custody of the child, or stood in as a parent, while the biological parent is out of the picture due to, whatever, drugs, no housing, mental health. The more time the grandparent has the child, the more rights the grandparent has. Your BF needs to get an attorney and file for custody immediately if he really wants his child.... Read More

The procedures vary a little bit from county to county. In general, the birth-father would sign a consent to adoption, after which an adoption petition can be filed. A hearing is held, which is usually brief and informal, after which the Judge would sign an adoption decree. When things are uncontested, they usually go smoothly, but you should have an attorney to make sure that the paperwork is done properly.... Read More

Before the parent with primary custody can relocate with the child, one of two things must happen. Either the other parent agrees to the move, or you must give him advance notice, and he would then have the opportunity to request a hearing. If there is a hearing, the Court would decide whether the relocation was in the child's best interests. You have stated some facts which are in your favor on this question. I would encourage you to sit down with an attorney before you move, as this can be a complicated area of the law, and you are required to use a particular form to give him notice.... Read More

If you pursue this, and can prove that the child is in fact living with the grandparents rather than the Mom, your chances are good. Although non-parents sometimes get custody, where there are good reasons, the law is strongly in favor of children being raised by a parent. To prove your case, you may need to go to an evidentiary hearing. You should discuss the facts and circumstances with a family lawyer, who can help you begin this process.... Read More

You have no custody rights in adult family court. One option would be to get your sister to sign over temporary custody, agreeably, until she grows up. The other option is, if you feel the child is in danger, call CYF. They will take custody and then you can present yourself as a potential temporary care taker and they can get the judge to place the child with you. CYF would then file a dependency petition on the mom which would force her to get her act together in 12 months or have the baby placed with you, if you qualify, or with a foster family.... Read More

You must file in the child's Home State.  Home State is defined in the Uniform Child Custody Jurisdiction and Enforcement Act as the state in which the child has lived with a parent or a person acting as a parent for at least six months immediatedly before you file a custody petition.  If your grandchild has lived in New York with your son and his wife for at least the last six months, you must file in New York.... Read More

Enforcing support on dead beat dads is not much better here in Pittsburgh. As far as custody, if you keep a log or calendar of the current custody pattern, and it is way off course from the order, you can hire an attorney to go in on a motion to modify custody and ask for it to be lowered to once a month or every 6 weeks based on the pattern. That way, the new order will at least ad some more stability to your schedule.... Read More

You should really talk to an attorney one who will give you a free consultation. It sounds like if he makes enough money to buy a house, he can pay his fare share of support. Support is based on state guidelines which calculate his net income vs. yours. If you can guess what he makes a month, let the attorney figure out what the guidelines say he should pay in support. If it is more than what he gives you, the attorney can guide you on how to file a support complaint. When you file a support complaint, you get a court order directing him to pay a certain amount each month. If he doesn't pay he can go to jail. The order goes on till your child is 18. You should look into filing for support against him.... Read More

I'm not sure what you mean by signing the birth certificate. I can say that the best way to resolve the situation would be for you to adopt the child. After the adoption, they will issue a new birth certificate with your name on it. This requires a court proceeding, but it may not be difficult if the birth-father either consents to the adoption, or at least does not oppose it.... Read More

Take the order that you have and go to your local legal services program.  There might be a custody order in place.  Child support is determined by evaluating your income and your boyfriend's income.  If there is no order you are not required by law to pay child support.  If you are making payments to support your child because you are his mother, pay only by check or money order so that there is a record of your payments. Finally, you should remember that it is very difficult to take a parent's right to their child away.  Even if you had to work full time to support yourself, child support may include payments for child care if you need it.  ... Read More

The support order is retroactive from the date of filing so that is the date you owe from. PA law. You can sign rights away if mom is willing. If you sign away parental rights you cannot still pay child support as you are not the father of the child. At least through a court order. Perhaps you can do it privately, if she would go for it. In order to terminate your parental rights, you really need an attorney to file a petition. You cannot do it yourself, it is too tricky.... Read More

Travel in custody cases depends on the order and federal law.  While the parties can generally agree to whatever they want, the first place to look is the court order.  If the order restricts travel, the best way to proceed is to modify the order to allow for such travel.  Also, you will want something from the father confirming his permission and clearly spelling out what travel is allowed so that you avoid any claim that you acted outside the agreement. When traveling outside of the U.S., the Department of State has forms which must be signed by the non custodial parent authorizing the travel.   ... Read More

Grandparents have very limited rights.  So, I don't know that either grandparent has the right to bring an action against the other.  As that is the case, unless there is a court order granting your mom custody, your dad has equal rights with the understanding that the state could step in and say neither grandparent has rights. ... Read More