QUESTION
Can a custody agreement become void?
Asked on Jan 05th, 2013 on Child Custody - Pennsylvania
More details to this question:
Pennsylvania - when my husband and I divorced in 2003 I gave him custody of our son. I didn't really have anywhere to go and I thought that he would be better off with his dad. 2 years later my ex and I started dating again, moved in together and had a 2nd child. We have been living together for at least 6 years now. Things aren't going so well now and I believe we will be separating again. I don't want to leave my son and I can't afford an attorney, so I'm just wondering if the agreement we had somehow voided since we've been living together again?
1 ANSWER
3 Awards
If the agreement you had originally, was part of the divorce decree or a court order, it has not been voided unless either of you has gone to court and modified it by obtaining a new order. However, if you file for custody now, the relationship with your son for the past 6 years will be a factor considered by the court in determining who should have physical custody and how much. If you cannot afford a lawyer, some counties have pro se motions court, indigent divorce programs or other assistance. Also, you can contact the nearest Legal Aid Service if there is one in your county.
Answered on Jan 09th, 2013 at 10:45 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900