Pennsylvania Child Custody Legal Questions

My thought is that there is no way of doing this without notice being sent to him, whether you try to do it with his consent or involuntarily alleging abandonment. The easiest way is if he consents. Perhaps you can hire a lawyer to sue him for support and in a subtle way offer to waive support forever if he signs a consent/voluntary adoption. I am sure he does not want to pay support for the next 14 years. If he denies paternity, request genetic testing.... Read More

The family division encounters parents with all sorts of human condition issues including mental health, drug and alcohol, criminal records. As long as you are treating and do not present a danger to the children, I don't see how you could lose custody or have it reduced. I would organize all my treatment records for the hearing.... Read More

Custody orders can provide structure and limitations on intereactions between parents and children.  For example, if a parent has an alcohol abuse issue, a custody order can state that the child cannot be a passenger in the car if the parent has been drinking. In your case, you would probably want to make certain that a custody order provided appropiate and necessary sageguards so that your child would not be harmed by any interactions with his father.   ... Read More

without knowing a lot of the details, this is a hard question to answer.  but, generally speaking,  courts, child psychologists, etc.  believe that it's important for children to maintain a close relationshipw with both parents, even if the parents have separated.  children don't always know what's best for them.  you wouldn't let a 10 year old tell you he will only drink beer with dinner, so you might also not let a ten year old choose whether or not to sleep at dad's house.   i can't tell you what would happen in your particular case, because different facts produce different court opinions, but i can tell you that the court  looks to protect and maintain the best interests of the children, and those children are not always the best judge of what's good for them.  best of luck.  ... Read More

If you and the child's other parent cannot agree on how to apportion custody, then you have to file a petition with the court.  generally speaking, only the court in the county where the children have lived for the past 6 months has the power to make a ustody determination.  each county in PA has their own particular rules about how to file these petitions but, no matter which county the children reside in, the bottom line is the same:  if you can't agree with the child's other parent, then you have to file a petition and get the court involved.... Read More

it sounds like you have primary physical custody  (h'es in your physical care more than 50% of the time) of your child.  If you do, it is your responsiblity to protect his best interests.  I cannot give you specific legal advice about what to do because i am not your attorney.  Whatever you choose to do, make certain that you are properly caring for your child, and also that you are not violating any court orders. If you think that the time has come to obtain a formal custody order from the court, then you have to file a Complaint with the court in the county where you live. Best of Luck.  ... Read More

It is a misdemeanor 2. If the person pleads guilty to it or is convicted of it, they could receive anything from probation to 2 years in jail and a $1,000.00 fine. I have never seen anyone prosecuted for this. If they would prosecute everyone who is not truthful in court documents, the court system would be packed.... Read More