Philadelphia, PA asked in Family Law and Child Custody for Pennsylvania

Q: Can I re-open a custody case to obtain full custody on a shared custody that's final?

I share 50/50 with my son's father and both of us have him on a week to week basis. Two weeks after the the final hearing, and the order can in the mail, The father's house catches on fire. The house is in unlivable conditions. He did not inform me about the fire I had to find out from the teacher when I picked my son up from school. My son was safe and okay thank God. I waited 3 months to see if the father was going to ask me to keep my son while he gets his self back on his feet. He has yet to bring this to my attention. My son has been misbehaving in school because of his father stability. He does not help my son with his homework on his weeks and the teachers are noticing a sever change in his behavior since the fire occured. He did not tell me where he is with my son. I need help! I can't even get free legal advice because he is a conflict of interest with all the free legal aids. I just want what's In best interest for my son and for him to have stability and a loving caring home

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Yes, you can file a petition to modify custody at any time, and you can ask the court to award you primary physical custody of your son. At worst, an initial hearing will be scheduled and you can hopefully get some answers to your questions.

Best of luck to you.

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