Q: Why would it be helpful to allow the other parent to file for custody first?
The child is mainly with me an goes with other parent on weekends there are safety concerns with the other parent such as him drinking an driving an even showing up to pick child up with an open container in vehicle. When I spoke with a lawyer the suggested to let him file first but im confused as to why I should do that...we don't currently have any legal custody agreement at this time
A:
The only reason I can think of to let the other parent file first is to save yourself the court filing fee of opening up a custody case (which can run a few hundred dollars, and is $155.00 in Lycoming County).
Pennsylvania criminal law already prohibits a person from driving while intoxicated or with an open container in a vehicle, but you could certainly have those prohibitions specifically included in a custody order as well. In addition, verbal custody agreements are great . . . until there's a disagreement. And usually those disagreements happen right before a major event, like a holiday or a prepaid vacation, and there's little or no time to seek redress from the courts.
So while it may seem counter-intuitive -- because folks don't want to "rock the boat" -- the best time to seek a written custody order is when everything *is* going smoothly. In such a case, the parents are already in agreement and the court simply formalizes it. And then you both have a binding court order if things go south all of a sudden. You can also wave the court order to quiet the grumblings of meddling family members or significant-others too.
Best of luck to you.
Ryan L Hyde agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
