Hatfield, PA asked in Child Custody for Pennsylvania

Q: Can my sons father get custody under the circumstances listed below??

My son is a month old and the father lives with me since we originally agreed to coparent. Besides occasionally buying diapers and sometimes holding him he doesn't help take care of him at all. He has no respect for me and I told him when we move I want to get my own place and he threatened court for my son. He has an under the table job, doesn't help with my son (no diapers or bottles or baths etc.) and hands him off to me when he cries. He has no bank account, no car, and if he's not with me he has no stable place to live unless he saves and gets a place in addition to not having any custody of his first son. I have a job, do all the caring for my son, a car, family support, and will have a stable living space. I'm genuinely worried my child will not be taken care of if he's under his supervision and others have seen he doesn't help. Do you think he could still receive custody under these circumstances?

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2 Lawyer Answers
Dawn Padanyi
Dawn Padanyi
Answered
  • Divorce Lawyer
  • Doylestown, PA
  • Licensed in Pennsylvania

A: It is possible that a new father can get some custody rights to his child. What these right will be is the question. It is not unheard of for a Court to Order that a Father can have shared legal custody and partial physical custody. With an infant, many other factors come into play such as whether both parents can meet the child's basic needs, can provide food, shelter, safety, clothing, and whether or not the child is being breast fed. It would be best for you to contact a local attorney to have a PRIVATE consultation with you then advise you on your circumstances.

Ryan L Hyde and Kathryn Hilbush agree with this answer

Ryan L Hyde
Ryan L Hyde
Answered
  • Exton , PA
  • Licensed in Pennsylvania

A: It is pretty likely actually that he will get something. I am equally sure he will tell a very different story. Its just the nature of the beast. Courts are charged with determining whats in the best interest of the child. Having both parents in their life is usually what the courts decide. Trying to guess and figure out what he could get is not a good strategy for you or your child.

Ms. Pedanyi Is absolutely correct, there is simply one good way to handle this. Meet with a local attorney familiar with the courts in your county. They will know how the judges/masters handle these types of cases and can give you strategies to help you. Having him hold you hostage over your child is no good way to live life. Get an advocate in your corner.

Kathryn Hilbush agrees with this answer

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