Pennsylvania Child Custody Legal Questions

Yes you can be summoned for paternity testing. You would be obligated to pay support retroactive to the date she files only. You would have to come back to PA for this. You can do a voluntary relinquishment of parental rights if the mother and new husband file for a step parent adoption which would go smoothly if everyone agrees.... Read More

If your first concern in support, there is no quick solution.  You can file a complaint for child and spousal support in the county office of domestic relations, but it can take at least a few weeks to get a hearing.  At the first hearing or conference, a support order will be established.  That will only state he is obligated to pay.  Collecting is another matter.  If he works full time, his wages can be attached.  But, if he isn't working, or is self employed, it is doubtful he will pay on a regular basis. Parents in your situation, which includes some fathers, have 2 interim options: friends or family, or welfare. The second choice sounds bad, but it exists for situations just like yours. If he works full time and you have savings, credit, or friends or family to help in the interim, support may work for you.  But please note separate households never result in as much money as was being paid when you were together.  Where he may have been putting his whole pay into the bank, it will now be as little as one half of that. ... Read More

A parent usually always has standing to seek custody unless you agreed to terminate your parental rights.  Then it may be more difficult. In trhat case, you should speak to an attorney who handles adoptions. But, if you haven't terminated your rights, any family attorney can file a Complaint for Custody for you.   ... Read More

A judge must determine the best interest of the child when awarding custody to one parent or the other.  The Pennsylvania custody law lists 16 factors that must be considered when the judge makes that determination.  One of them is the history of drug or alcohol abuse of a party or a member of a party's household.  If your boyfriend's criminal past involves drug or alcohol abuse, it will be considered.  The 16th factor listed in the statute is "any other relevant factor", which means that anything else may be considered by the judge.  Also, if your or your child's father or anyone who lives in either of your households has bee convicted of a serious crime that is listed in the statute, including driving under the influence of alcohol or controlled substance or driving after imbibing alcohol or controlled substances, a judge must consider the person's conduct and determine that the person does not pose a threat of harm to the child before making any custody order.  In my experience, if your boyfriend was convicted of shoplifting five years ago, a judge would not find that to be of much importance in custody.  However, if he was convicted of manufacture or distribution of drugs 6 months ago, this would weight more heavily in the judge's decision.... Read More

You cannot file anything until the child is born, and then you would have to file in WA.  Unless there is something seriously wrong with the mother, it is extremely unlikely that you would be awarded primary physical custody.  If she is married, she has an intact home, and custody of very young children often goes to the mother.  ... Read More

You need to get a good family lawyer. If someone in my county needs an attorney in your situation, and they have insufficient funds, they can get a court appointed attorney, called a "parent advocate". They are usually pretty good. If you really want your child and are ready to give up getting high, the DHS may be able to help you by allowing you to have custody if you comply with services such as drug treatment, urine screens, etc.... Read More

Pennsylvania law distinguishes between legal and physical custody.  Legal custody is the right to make major decisions for a child, including medical, religious and educational decisions. Physical custody is the right to have the child in your care.  Even though a child may live most of the time with one parent, the court will usually still order that parents should share legal custody. The court will look at many factors when awarding custody, including which parent is more likely to maintain a loving, stable, consistent and nurturing relationship with your daughter and more likely to attend to her daily needs.  That being said, the court is reluctant to write a parent completely out of a child's life.  ... Read More

So, if after a hearing, the court entered an order denying the Petition, then the emergency order has been superceded.  But you should have an attorney review the Petition and the orders to confirm this as sometimes other provisions are included in an order which could effect your custody status.... Read More

Under the new custody act, a child cannot be relocated without either a court order or permission of the other parent.  Taking your children out of state is a violation of that statute.   You can ask the court that issued the custody papers for emergency relief to require him to return the children but you should find a chilld custody attorney soon.... Read More