Chester, PA asked in Family Law for Pennsylvania

Q: what kind of custody can parent get if living in different state (he's in NY his child is Pa)

He hasn't attempted to see his child in over 3 years. But now what's to get custody of him. I'm not worried about losing the custody battle cause I won't but I am curious as to which kind of custody could be granted

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2 Lawyer Answers

Peter N. Munsing

PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: you need to talk to your lawyer. Much will depend on past issues /performance of obligations, where he is in NY, who your judge is, etc. Not something we can speculate on.

Cheryl Rowe

PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Most likely, if he were to petition the court to modify the current order, you would have the chance to go to the custody conference and see what can be worked out. If you can't agree, you/your lawyer can explain to the conference office why he shouldn't have time with the child. The conference office makes a recommendation, and either of you can file exceptions for the judge to hear the case. Courts seldom allow much time, at least at the beginning, if he has been absent for a long time. You will most likely need an attorney to help you with this type of complicated situation. Best of luck to you!

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