QUESTION
Can I get sole custody or at least full legal?
Asked on Jan 27th, 2013 on Child Custody - Pennsylvania
More details to this question:
The father of my daughter dOes not see my daughter. I have asked numerous times for him to see her%2c even told him he could get her everyother weekend. The last time he saw her was November 9%2c 2012. He kept her up until 2 am and was calling me to pick her up at 8 am. He did not see her over the holidays. He knows his parents take her every Sunday%2c still doesnt see her. My daughter is on the autism spectrum and he knows nothing about her behavioral plan%2c schooling%2c or anything. He told me he doesn't take her because he can't handle her. The people he lives with are drug addicts (I was not aware of this prior) Also%2c I have family out of the country%2c and he will not sign papers stating she can travel. Not because he is concerned but it is the %22power%22 over me. To get his child support lowered the first time%2c he agreed to sign for her passport. He now pays no child support because his other baby's mother contested and my daughter was getting SSD with me not working at the time.
2 ANSWERS
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.
Answered on Jan 30th, 2013 at 5:03 PM
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But a court cannot make a parent see their child. Also, custody orders aren't necessary for the custodial parent as that parent already has the child.
If there is an order, you can file a petition to modify it reducing his time, but it is difficult to accomplish.
Answered on Jan 30th, 2013 at 5:03 PM