He has the rights of parenthood if he can prove that which I assume he can. However they are limited, and if he has threatened you getting a pfa would be a first step, and you will need to speak with family relations and ideally a family law attorney about other options.
A notice should be sent out in advance of his 18th birthday, asking his mother, and I believe you as well, whether he should be removed from the order at 18. Obviously, the answer is no because he's not been graduated from high school. If the mother says to remove him at at graduation, then he'll...Read more »
He has had her for 4 years from never giving her back to me amd is now not taking care of her properly he has an opend case with cny in another county . I want to take her to live with me and he is going to get aggressive and call the police . Will I get introuble for taking my daughter from him?
It would probably depend on what the father has to say about this. You'd probably do yourself a service by consulting with an experienced family law ttorney in you area to discuss the facts and your options.
I wanted to work out a custody arrangement with ex but he stated that he would rather our daughter go to the system than with me and plans to fight me to the bitter end. Is there even a slight chance I would be allowed by the courts to take her to Texas with me if I'm willing to work out custody... Read more »
Hi I have an open custody case we have not yet met with the mediator and have a set court date. I was wondering if I filed for child support for my daughter (just one child together) and I make way more than my ex. Would I have to pay him? Considering all of my monthly expenses.
The support guidelines do not take into account either parent's expenses other than the mortgage payment on the marital home, and that's at the court's discretion. If you obtain custody, then you wouldn't pay him. If he obtains custody, then you would pay him. If you have shared (50/50) custody,...Read more »
My sister realized the she isn’t financially fit to take care of a child also she doesn’t have the best living situation so she reached out to me and my wife to see if we were willing to take her unborn child when she gives birth. After a long talk with her and her boyfriend we all decided this... Read more »
The parents' parental rights will have to be terminated and an adoption petition filed. Your county may have guidance available online for completing this process which is somewhat complicated. I'd suggest that you retain an attorney to shepherd this through the system for you but, if you don't...Read more »
If your ex-wife legally changed her name after getting married, you are still divorced because she is the same person you originally married. Additionally, the courts ask for social security numbers for parties to a divorce, so that should cover you.
This sounds like a situation where there is a legal answer and a practical answer. By the time you filed any kind of petition and got before a court, it is likely that your 17 year old will become an 18 year old and not subject to custody. And even if you went to court, a court will listen to the...Read more »
My ex and I have shared physical and legal custody. I have been remarried for 10 years. he would always switch weekends or just not take them. It says in our order if we both agree to a change than thats fine. 3 years ago, his current wife was emotional abusive and her son was phyaically abusive to... Read more »
You should really consult with an experienced family law attorney in your area. In my county (Delaware) changing a shared physical custody order to a primary one can be quite problematical If you're able to prove that dad hasn't exercised his custodial rights for the last two years, that may help...Read more »
He refuses to let me take my son I can only visit him when he allows and at his house. I tried coming to a joint visitation and custody agreement outside of court but he isn't working with me. I plan on filing for primary physical custody.. I'm inexperienced with all of this and have no clue what I... Read more »
Obviously, what you should do is retain an experienced family law attorney to help you. If you're not going to do that, you can see is Legal Assistance or one of the other agencies in Philadelphia can provide you with pro bono counsel or at leaest good advice. You can locate these agencies by...Read more »
We broke up over a month ago, and since then I've allowed him to see the baby whenever he wanted. He's only seen him twice since then. He is threatening me that he will "make the next 18 years" hell for me and that he is taking me for custody and getting a paternity test. We lived together for 6... Read more »
Well, first of all, a child custody vocabulary lesson. "Legal custody" is the parental right to take part in the major decisions in a child's life, like medical, educational, religious, etc. "Physical custody" refers to where the child actually resides from day to day.
The case was established in Philadelphia. He has my son in Delaware and I am currently residing in NC with his other child. When I brought his kids to see him last summer he held both of them a day before I was scheduled to travel back and demanded child support back. He demanded I return a large... Read more »
I think you need the court's help at this point -- and you're getting shafted with the whole pay-back-child-support "deal." Technically, if your son has been with his father in the state of Delaware for 11 months, then Delaware would have jurisdiction for any child custody case at this point (even...Read more »
that if I signed over the house which I did she would finalize the divorce and the support payments would stop. I have the email from her lawyer and her stating the agreement . After I signed over the house they would not have any contact with me and 2 1/2 years later they still take support from... Read more »
Sir, I am sorry you had this negative experience. In Pennsylvania, an agreement regarding child support is against public policy and will not prohibit a parent from seeking support for a minor child. Thus, if the agreement is for child support, it is null and void.
Not really -- and if you do, I don't think such a provision would be enforced. Child support is for the benefit of the *child*, not either (or both) of the parents, and so neither parent can bargain that benefit away. At best, the parents can have a "gentleman's agreement" that no support will be...Read more »
The father of my child and I did agree on custody visitations a few years ago and we did go through attorneys to get a court order. We are looking to modify the agreement but would like to keep the attorneys out of it; and still have our agreement filed in the court. Can we do this and are there... Read more »
You can modify a court order by entering into an agreement in a form acceptable to the court, signing it, and then submitting it to the court for approval. I do not recommend these DIY projects because it seems something is always done incorrectly but, if you're set on trying to do it without an...Read more »
I am treated badly at my fathers house, especially by his wife. They don't trust me to do anything. I can't even get a drivers license or a job. At my mothers house, she and her husband treat me with utmost respect and trust me. They both treat me like a young adult, not a child. They are more... Read more »
You will learn in life that "running away" from your problems is almost never the best solution. If there is a court order regarding custody, you are asking your mother to violate that order if you make and act on this decision on your own. That does not mean that you might not be able to live...Read more »
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.