Pennsylvania Child Custody Legal Questions

Let me break this down into a few responses. Adultery--this is not a factor UNLESS it negatively impacts the children.   Refusing to sign the papers--Likely not a factor Not seeing the children for over 8 months--A HUGE factor.  Basically, the parties' relationship with their children is paramount.  Lack of contact, lack of interest, lack of performing parental duties are all key factors in this scenario.    I recommend contacting your local bar association for a lawyer referral. ... Read More

What you have referred to are all arguments for changing primary custody to you.   HOWEVER, it is tough to change primary custody.  At a minimum, you are looking at a trial in front of a judge.  The status quo carries weight in a custody proceeding.   I recommend contacting the local bar association for an attorney referral. ... Read More

Tough situation.   Your best bet is to file a petition for modification of the custody order that's in place. To be perfectly candid, the fact that the grandfather is not in the house with the children is a big factor.  If he is not present, it will be easier to argue that the father himself is not a threat to the children.  You would have to show a correlation between the grandfather's action, and the father's, to make an impact in court. I recommend contacting your local bar association, or contacting an attorney in your county/area.  Best of luck. ... Read More

Be more specific when you refer to child abandonment.   IF you want to try to terminate the father's rights, that is a possibility, and it has to be done through the adoption process, as you noted above  However, you should discontinue child support to have a better chance of prevailing. ALSO, under the statute, abandonment requires at least 6 months PLUS a settled purpose of relinquishing parental duties.  So to make a long story short, you would have to wait longer to pursue this action in court.   Contact your local bar association or an attorney in your county/area for more information. ... Read More

You raise a good question.  I would argue that the Petitioner should file a new custody complaint in this situation.  HOWEVER, the Court may allow that petition to modify to continue with the understanding that the visitation for the newly born child may need to be different than what is done for the older child.  It wouldn't surprise me if the Court allowed this to go forward based on the desire to conserve judicial resources. ... Read More

The key is what do you mean by, "he signed away his rights"? If he signed a voluntary termination of parental rights and a court order terminating his rights was issued, then he is out of the picture. If he signed something that you wrote up, then he is still the father. You need to let a family lawyer look at the documents you have and look at the case on the county website.... Read More

What you describe is part of everyday life. People move on and date and remarry. As long as this relationship happened after you are married, the relationship will have no impact on Alimony. As long as the new beau is not a child molester, is not a drunk or drug addict and is not abusive toward you are the children, all should be ok.... Read More

If CYF will not remove the child and file a dependency petition, you can talk to a lawyer about filing a private petition for dependency. At that hearing, you can come forward as a potential placement resource. Your attorney will probably need to subpoena the CYF caseworker for the hearing and he or she will bring the file report to the court on their involvement. If you are serious, it would be worth at least consulting with a family lawyer who knows this area of law.... Read More

Custody jurisdiction is based upon the child's residency.  As long as the child has been there for 6 months, a custody complaint can be filed there.  Your only option is to defend it by following that court's rules.  I strongly advise that you consult with a local attorney there about defending that case and don't try to do it on your own.    ... Read More

You could talk to an estate planning attorney about a testamentary trust for child in a last will and testament. It would only be effective if you die. In it you would appoint a guardian (physical custody)of your son, and trustee (of the money) for your son, in the event of your demise. Whether this would trump the custody rights of a parent is doubtful, but if the husband is still in jail, it is at least something in place. As far as something informal, some do what you suggested, which is a notarized statement in which you authorize other people to have visitation, partial custody and custody of your child. If something happened to you, it is at least something, even though it would be considered hearsay, that speaks on your behalf if your family members ever has to battle his family members for custody.... Read More

You raise a good question.  This is an issue of contract interpretation, and depends on whether "unrelated" is meant in a biological sense purely, or in a combination of biological and/or matrimonial sense.  I could see this issue going either way, but I understand your argument.  If a contempt petition is brought, hire a lawyer to defend your rights.  ... Read More