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PA's New Child Custody Law - Act 112 of 2010

  
  
  
  

Pennsylvania child custody cases are now governed by PA’s new child custody law, Act 112 of 2010.  The new law took effect on January 23, 2011.  The law states, “it is public policy of this Commonwealth, when in the best interest of the child, to assure a reasonable and continuing contact of the child with both parents after a separation or dissolution of the marriage and the sharing of the rights and responsibilities of child rearing by both parents and continuing contact of the child or children with grandparents when a parent is deceased, divorced or separated.”        

Under the new PA child custody law:

  1. Courts will be prohibited from assuming that custody should be awarded to a particular parent based solely on gender.
  2. Contempt citations for willful violations of custody orders will be gender neutral.
  3. Consideration must be given to a comprehensive list of factors, including:  which parent is more likely to encourage and permit frequent contact with the other parent; parental duties of each parent; the need for stability and continuity in the child's education, family life, and community life; assuring access to siblings and extended family; and protection for victims of domestic violence.
  4. Judges must provide an explanation of custody decisions on the record in open court or in a written opinion or order.
  5. A framework will be used by Judges in making relocation decisions including consideration of how the move will enhance the quality of life for the child and not just how it will benefit the parent seeking to move.
  6. Each parent must submit a parenting plan in cases of contested custody, allow for appointment of a guardian ad litem or counsel for the child when necessary.
  7. The list of criminal convictions courts may consider in determining custody has been expanded.
  8. Punishment for willful violation of a custody order may include imprisonment of not more than six (6) months, a fine of not more than $500.00, probation not to exceed six (6) months, and an Order for non-renewal, suspension or denial of driver’s license and/or counsel fees and costs.
  9. Parties living separate and apart in the same residence may seek an Order for custody, but the Order will only be effective upon one party physically vacating the residence; or an Order awarding one party exclusive possession of the residence.

Check back for updates and further explanations regarding PA's new child custody law.

Learn more about Pennsylvania family law here

The experienced divorce attorneys at The Martin Law Firm represent individuals in Southeastern Pennsylvania for family law matters including divorce, child custody, child support, alimony, and equitable distribution.  Contact The Martin Law Firm at 215-646-3980 or by email to contact an experienced PA divorce attorney.

Comments

Divorcee w/ 2 sons, 9+11 yo - I have partial physical custody & joint legal custody. Unfortunately the custody agreement is broad - leading to different interpretations by Ex-husband and me. Ex.- he feels I am not allowed to pick up my sons from school, or take them anywhere -even if I feel they need a Dr.(non-emergency) when he is not avail. He re-married, and stepmom has taken them to medical appts. and even a new provider for tooth infection without notifying me. The new provider didn't even have me on record at all. In addition, stepmom signed the consent for care for the new provider! I have asked my Ex. to inform me of any Med.appts. and would like to take the children to Med. Appts. myself when he is not avail. but he refuses. He has not been taking them, stepmom has. He says he & his wife will take them to Drs then I learn he wasn't there b/c of work of work; he also travels for work but he refuses to tell me when he's out of town, which I feel is irresponsible but also allows his wife to be in the position of authority by proxy, rather than me in his absence. Concurrently my Ex. has apparently asked school admin. NOT to contact me but only him, or his wife. School has copy of custody agreement. The children have been told to call him or their stepmom if they're sick at school. In the school's parent portal/website, I recently found I am listed as NOT being allowed to pick them up, but stepmom can. I am planning to speak with school admin./ principal about this. Overall relationship b/t Ex.&I is quite acrimonious, and communication is limited & via email or text. In Aug. I ques.the new provider situation w/him and he sent multiple lengthyreply emails which were angry & punitive in tone and intense content. Content best shared in counseling sessions* BTW he cancelled court counseling initial sessions for himself AND ME...I feel it's time to follow-through on all this NOW - appreciate any feedback, thanks
Posted @ Monday, December 05, 2011 12:57 AM by C.Baksys
I am sorry to hear about the problems you are having with your ex-husband. Your situation illustrates the importance of having very detailed and specific written agreements for matters involving custody, equitable distribution of property, support and other related matters. Having joint legal custody gives you shared rights regarding the important decisions of the well-being of the child including medical decisions, and it sounds that your ex-husband is depriving you of your ability to join in those decisions. If you were represented by an attorney for the divorce process, you should contact your attorney and discuss these matters with him or her immediately. It would be hard for any attorney to provide any further guidance without having knowledge of the history of the matter and regarding the terms of the settlement agreement.
Posted @ Friday, December 09, 2011 8:38 AM by Jason Martin, Esq.
Thank you for your reply. Yes, details details. Pennsylvania now (2011) requires a 'parenting plan's and I've a copy of it. I truly hoped for a more collaborative parenting approach, esp.with regard to communication. He is quite dictatorial, whilst also deferring to his wife as their stepmom. I believe this is b/c he works a lot & travels at times. The children have been instructed by him Not to share with me Anything that goes on in their home. Yes, I feel I'm being treated as a totally Non-custodial parent; he states. "They live with me", and interprets legal custody as 'only major decisions', such as emergency, hospitalization. Stepmoms been handling Med.appts., not HIM, and he wants me to ask her about the children. -?-. I feel joint legal pertains to major areas of children's lives, Med., school, etc.,  
Yes, there are complicating factors; I've past & present health issues & I'm currently unemployed. Most upsetting to me is Ex. berating my eldest for incl. me in a pic son drew that was meant to represent his family, saying " ...she doesn't live with us" - a clear violation of our court order. I appreciate Ex& stepmoms positive efforts, but naturally very torn as their mom.
Posted @ Friday, December 09, 2011 9:06 AM by C.Baksys
I'm 18,and live with my boyfriend. Me and his mother don't get along and just recently she physically got in my face and yelled at me. My boyfriend acts like nothing happened.I want to leave but I feel like I wont get my son because his dad has a fulltime job, and a car. I feel as the mother who carried my son and stayed healty while pregnant I should get him,and I should make the rules of holidays and what not.I do not want him to have any contact with his grandmother who physically got in my face. And also my son has his dads whole name..please help me?
Posted @ Monday, January 30, 2012 12:14 PM by ciara
I have a daughter (3), who currently spends Monday nights thru Friday mornings with her mom, and Friday afternoon thru Monday morning with me, the father. Her mom lives in Bridgeport, PA, and I currently live in Norristown, PA (5 minutes apart). Well my daughter's mom informed me that she's moving to Elkins Park (35-40 minutes away) and that will not be attending school with my kids, her siblings, next school year. I have a major problem with that. Does this distance of relocation give me enough to fight on? Is she moving far enough for me to claim that it's having an impact on my daughter's future schooling? To me it sounds ilke it does, right?
Posted @ Tuesday, January 31, 2012 2:14 PM by T. Wilkins
Ciara, 
 
I'm sorry to hear about your situation. It is important for you to realize that Pennsylvania's child custody law instructs the courts to make custody determinations based on what is in the best interest of the child. Additionally, the Pennsylvania child custody law specifically states that there is no presumption that a mother should get custody of her child based solely on gender. You should have a written custody agreement in place that has been signed by both parties and filed with the appropriate court. A custody agreement should include both a regular schedule for custody and a holiday schedule. As with any child custody matter, I would strongly recommend that you seek professional legal counsel authorized to practice law in your jurisdiction. 
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, February 02, 2012 2:43 PM by Jason Martin, Esq.
Mr. Wilkins, 
 
I'm sorry to hear that you're struggling with your current PA child custody situation. You raise a good question, and it's a concern that is shared by many parents. I've written a post addressing what happens when one parent wants to relocate with the child, and I think you may find it useful. You can read the article here:  
 
http://www.jbmartinlaw.com/blogs/family-law/bid/101817/What-if-One-Parent-Wants-to-Move-Under-the-New-PA-Child-Custody-Law 
 
As with many family law issues, the stakes are high, and I would strongly recommend that you retain the services of an experienced child custody lawyer authorized to practice law in your jurisdiction. 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Friday, February 03, 2012 9:26 AM by Jason Martin, Esq.
I live in Pennsylvania, and my soon to be ex and I are working on our no fault divorce and custody agreement....I have been very amicable with visitation, and have no intentions on ever standing in the way of my children's relationship with their father..we agreed on him taking the kids every other weekend from friday night until sunday morning and alternate holidays and two weeks in the summer..that being said, I have been struggling to find employment in the state and have had job offers in NY that would be approximately 310 miles away..and I just recently was informed that i can no longer live in the house i'm in and will have to move next month and have nowhere else to go, and have an offer for an apartment for my children and i at no cost..if I were to accept a position i would still be able to keep this arrangement as i have family here and will want to see them at these same incriments.....Now my question is this, to avoid having to go back to court after the divorce, is there a way that I can word the custody agreement to allow me to move not more than 350 miles away and promise to stay within the tristate area of NY, NJ, and PA without a hassle and without having to go back to court?
Posted @ Tuesday, February 14, 2012 1:52 PM by Rebecca
Rebecca, 
 
Generally, you can incorporate any terms that you agree upon into a Pennsylvania child custody agreement; however, I always strongly recommend that any child custody agreement be reviewed by an attorney. Child custody agreements can have significant and long-lasting consequences for everyone involved, and therefore, professional legal counsel is highly recommended. 
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, February 22, 2012 1:41 PM by Jason Martin, Esq.
Is there anywhere I can see a list of offenses that the court must take into consideration. My daughter is living with a man who has a Felony 1 conviction for Robbery with inflict serious bodily injury. As the grand parents we currently have custody no written orders just verbal but she wants to take them back at some point and I have some real concerns about that. Would that conviction be enough to be a serious deteriment to her getting legal custody if I filed a confirmation of custody with the court? We have had them for about a year now.
Posted @ Wednesday, February 29, 2012 6:52 AM by Eric
Eric,  
 
The Pennsylvania Child Custody Statute lists the criminal offenses that a court must take into consideration in deciding custody. You can find the complete list of offenses at 23 Pa. C.S.A. §§ 5329 – 5330. Even as grandparents, you should have a written custody agreement in place that has been signed by all of the parties involved and filed with the appropriate PA court. As with any child custody matter, I would strongly recommend that you seek professional legal counsel authorized to practice law in your jurisdiction.  
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Monday, March 05, 2012 1:21 PM by Jason Martin, Esq.
I have 4 children and separated going on 6 years. My wives bio son lives with me. I was awarded custody five years ago, through a PFA order, Miracles never cease. My son and I have not had any contact with the three children living with my wife for almost 4 years. Been to court over and over, she fails to follow visitation orders and refuses any contact. The judge, at the last contempt hearing said and I Quote "I don't know what the hell to do, you guys figure it out". I thought that was what the judge was for, to in force the order. She has never been held in contempt even though she has never followed any of the numerous orders. My son is so depressed he is falling a part. The children living with her have P.A.S. severely. At this point, when I try to make contact, she has them tell us they hate us and that they never want to see us, that they don't even know who we are, we are nobody to them. It is serious . We need to see these children. Since she has never been held in contempt she feels omnipotent and with the judge (lebanon county) we are using she is. And she treats us if she were. After years of going back to court plus tens of thousands of dollars in legal bills, the only thing accomplished is my son in the hospital. He is in the hospital currently because of what his mother is doing. HELP?! One more, she is bipolar.
Posted @ Wednesday, March 14, 2012 2:27 AM by Darrell Alva
I am feel mad, because I have primary custodial of my 17 yrs. old son. His father don't want to sign a notary paperwork for permission to go to Dominican Republic in Spring break.His father also owe me money from child support. I'm feel so frustrating. My son has more than 6 yrs. without see to his grandparents(my parents).thank you for allowed me to express my feelings.
Posted @ Saturday, March 24, 2012 3:45 PM by a.damian
Darrell,  
 
I’m so sorry to hear about the difficult child custody situation you are facing. I can assure you that you’re doing the right thing by continuing to seek and follow the advice of professional legal counsel. Often, we must advise our clients to remain patient throughout this trying process. Pennsylvania’s new child custody law, Act 112 of 2010, became effective in January 2011, and it has been held in the PA courts that the new law applies to all child custody proceedings commenced after the effective date, even if the original custody action was filed prior to the effective date. The new PA child custody law centers on the “best interests of the child” standard, and the factors to be considered by the courts are listed within the statute.  
 
In the meantime, you may want to explore seeking help from your county’s Children and Youth Services program, or perhaps look into mental health programs available through your local and county governments to help your son. Good luck.  
 
*********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Monday, March 26, 2012 10:10 AM by Jason B. Martin, Esq.
Ms. Damian: 
 
I’m sorry to hear about your frustrations in dealing with your child custody situation. Back child support is an exasperating issue faced by many parents. When your son turns 18, he will be considered a legal adult. From that point forward, parental permission will not be required for him to leave the country. Hopefully, your son and your parents will have a chance to reunite soon. Best wishes.  
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, April 04, 2012 2:49 PM by Jason Martin, Esq.
I am a single, unwed mother of a 16-month old. I just started receiving child support payments from my child's father this past January and was told by a neighbor that once I started the receiving payments that I was not allowed to leave the state. I have received multiple job offers in other states and wish to relocate. My ex-boyfriend and I do not have any legal custody agreement in place and via text messages he has stated that he does not wish to hear from me or the baby again. Do I have the legal right to move my child out of the state even though he is paying child support and has stated he wants no relationship with our child?
Posted @ Monday, April 16, 2012 10:06 AM by Tony
Tony, 
 
When a parent wishes to move out of state with a child, it is important to consult a skilled child custody lawyer to ensure that proper legal requirements are met. If you have no custody agreement in place and you were never married, it is still advisable to obtain a court order to protect yourself and your child from a future change of heart by the other parent. For more information regarding relocation and child custody, please review our blog post, “What If One Parent Wants to Move Under the New PA Child Custody Law?”  
 
Your rightful collection of child support does not require you to remain in Pennsylvania. The issue of custodial parent relocation has exploded in recent years, and your concern is one that is shared by many. The Uniform Interstate Family Support Act (UIFSA), which has been adopted by all U.S. states, was enacted to address this specific issue. 
 
The UIFSA is a federal law that allows states to work together in their collection of court-ordered child support. If you have a valid PA child support order and you move to another state, the UIFSA will require you to register the order in the new state before the new state can enforce or modify the order. The procedure for registering a foreign child support order is governed by state law. As with any issue involving child support, it is highly advisable to consult legal counsel authorized to practice in your jurisdiction to assure compliance with applicable laws.  
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, April 19, 2012 3:15 PM by Meghan Durett
Hello. I have primary legal custody of my 3 kids and share custody with their dad 60/40. I am concerned because he is living with a woman who has been in and out of prison for DUI's and is in their now, she gets out in may. I scared she is gonna drink and drive with my kids. She is an alcoholic. Can I do anything?
Posted @ Sunday, April 22, 2012 10:39 PM by Amber
In PA, you can seek a modification of the Custody Order based on the new circumstances. You have reason to be concerned. You should consult an attorney for more detailed information on how to have the Court amend the Custody Order. 
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, May 02, 2012 3:39 PM by Jason Martin, Esq.
Hello, I was wondering if you would mind offering an opinion on my situation based on this new Act. I wish to re-unite with my daughter of whom I am not the natural father to. She is now 6 years old and I was actively her father from birth until age 4. My name is on her birth certificate but there is no AOP form on file. As part of our separation agreement I have shared legal and physical custody. Around age 4 her biological father was determined to be her father through domestic relations and has been paying child support since. He has not been in her life for reasons of his own and that he was pushed out by my daughter's mother from the beginning. I attended a court conference and the order basically says that my daughter has two legal fathers and we need to go to trial to determine who is the legal father and if I should be granted rights to request and evaluation of how me re-uniting with her will impact her well-being. My daughter's mother claims that neither I nor her biological father are her father but rather her current fiance is. A lawyer told me that the the doctrine of estoppel may not apply anymore since the release of Act 112. Do you feel that is the case?
Posted @ Thursday, May 03, 2012 12:19 PM by Matt
I just recieved an order to appear in court for Contempt of Custody! My daughter will be 2 in June, there has been a order in place since she was 3 months old saying that her father would get her 2 days a week for a couple hours and every other Sat.. In the beginning he was following this but then soon strayed from it.. He would text every time he was supposed to get her with a lame excuse.. this went on for a couple months, then a couple months with no contact at all. His family also knows they can contact me to see her but never did. He also never paid the court ordered support. In October I got word that he was in a bar fight and his brain was swelling and was in a coma etc.. He was in the hospital for a month followed by a month of rehab. I brought the baby to see him once at the rehab and once when he got home trying to lift his spirits and give him another chance to reconnect with her. He did seem "slow" from the brain injury though. I gave her to him on Christmas (his mother drove him, and his family would also be there) and I dropped her off and picked her up for his neices birthday in Jan. After that he called one day saying that he was going to drive here and pick her up on Sat. I was not going to let him drive with my child.. he had already told me they revoked his liscense bc of his brain injury. I havn't heard from him since. One last thing is that I heard from his sons mother who works for DHS that on Christmas when he had my child he was non stop screaming at her and her 13 yr old son, who she has full custody of, kept having to intervene. She also says she does not even give her son to him without supervision bc of his new short temper. Can I subpeona her? Does he have any grounds for filing Contempt? Do I need a lawyer?
Posted @ Monday, May 07, 2012 9:15 PM by Lauren
I have a small problem, my ex girlfriend lives in austin,pa with my 13 yr old daughter and i live in sc. i have not seen my daughter in almost 10 years but im still required to pay child support. Accordig from what i heard of pa law if i have not seen my daughter in more than a yr my child support is to be suspended....any help
Posted @ Wednesday, May 09, 2012 10:51 AM by curt
Lauren, 
 
I’m sorry to hear about your current child custody situation. If you received a Court Order, you should abide by it and appear as directed, regardless of whether your daughter’s father has valid grounds to hold you in contempt. This is a decision that the judge must make based on the facts and circumstances of your case. You should contact a child custody lawyer immediately to represent you for this hearing. Your attorney can review your current custody order to help determine whether a valid claim may exist and whether a modification of the order is appropriate.  
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, May 16, 2012 10:14 AM by Jason Martin, Esq.
Curt, 
 
Pennsylvania law establishes that both parents are liable for the support of their children who are unemancipated and 18 years of age or younger. When the noncustodial parent is living in another state, as in your situation, the establishment and enforcement of a child support order is handled by the Child Support Enforcement Agency in your state of residence. If you wish to challenge your current child support order, you would need to take action within South Carolina. I would recommend hiring a local attorney to help you. 
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, May 16, 2012 10:21 AM by Jason Martin, Esq.
Matt, 
 
Your lawyer may be correct, but this situation is unusual and would require an analysis of the case history and details. An experienced child custody lawyer should be retained so he or she can become familiar with all of the facts and circumstances of your case. 
 
**********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, May 16, 2012 10:41 AM by Jason Martin, Esq.
Been divorced for 11 years our custody agreement is "i have full custody and visitation is as parties agree) My ex lives 5mins from me but only sese my daughter (11yrs old) several times ayear randomlly. She found out from her fathers family member that he does drugs and is now refusing to see him. She wants to go to court and tell a judge that she wants nothing to do with him is that possible? Or is she too young. Hes always been mentally unstable and can be very angry and she is scared of him He is now implying that i am preventing her from seing him. I keep tellin him that it is her choice and I cant make her go. He does not know that we know yet about the drugs. Thnaks
Posted @ Wednesday, May 23, 2012 9:26 PM by mary
I HAVE BEEN MARRIED TO MY HUSBAND FOR 3 YEARS AND TOGETHER WE HAVE BEEN FIGHTING TO PROTECT HIS TWO DAUGHTER AGES 7-8 FOR THE PAST 6YEARS. THEIR BIOLOGICAL MOTHER HAS MADE SEVERAL FALSE ALLEGATION ON SEXUAL ABUSE EVERY TIME THE JUDGE ORDERS A CHANGE IN THE ORDER. THE BIOLOGICAL MOTHER HAS VIOLATED EVERY ORDER AND NOTHING HAS BEEN DONE. TWO YEARS AGO THE JUDGE ORDERED MY THAN 16 YEAR OLD SON TO LEAVE THE STATE OF PA BECAUSE MOM LIED AND I GUESS HE WANTED TO MAKE HER HAPPY, THE ALLEGATION WERE FALSE AND UNFOUNDED AND THE JUDGE NEVER ASK TO SEE A COPY OF THE ORDER. WHAT DO WE DO TO PROTECT OUR CHILDREN?
Posted @ Tuesday, May 29, 2012 11:16 AM by MARSINA THRASHER
I have 50/50 custody of my 3 1/2 year old son. This has been in affect for a little over 2 years. But his mother gives up alot of her custody every few months and does not provide any transportation, does not take him to any doctors appointments and was not involved in any educational experiences when needed. Recently she has begun to take him on her time as the court order states but still does not help with transportation and so on. I want to take her to court for more custody but want to be prepared. Could she by any chance get more custody? I am concerned for my son as well. He sleeps on her living room floor while his half brother has his own bedroom and bed. He is also acting out now and getting very confused on how to behave. He is a very sweet boy but in her home he acts out alot. This, of course, is due to different rules in different homes. I want a stable environment for him and I feel I can give that to him but am worried that she may some how end up with more than 50% custody and I would lose more time with my son. The last time we went to court in 2009 our custody agreement stated he resided in my home but she had custody while I was at work. She went by the agreement for a month then stopped coming to pick him up. She did not see him for three months. We had to go to court again to determine a stable situation for our son and she ended up getting 50% custody. I am worried something may happen like this again. I only want whats best for our son. I know my fiancee and I can provide a more stable home for him and I am very confident of that but again just worried about losing more time with him if we go to court. I know its necessary to try though.
Posted @ Monday, June 04, 2012 1:23 AM by Sean
Sean, 
 
Pennsylvania courts make their custody determinations based on what is in the best interests of the child according to factors listed in PA’s Child Custody Law. Without entering an attorney-client relationship and knowing the specifics of your case, it is impossible to predict the outcome of a custody hearing.  
 
You should document, in writing, each time your son’s mother breaches your current custody agreement so that you have a written record of these events. I would recommend consulting an experienced child custody attorney licensed to practice in your jurisdiction. An experienced child custody lawyer can explain the potential risks associated with a claim for full custody based on the facts and circumstances of your case. Good luck. 
 
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Tuesday, June 05, 2012 10:22 AM by Jason B. Martin, Esquire
Marsina, 
 
I’m sorry to hear about this difficult child custody situation. I’m confused as to why your son was involved in a custody action concerning your husband’s daughters, and I’m not sure what you mean when you say that a judge ordered your minor child to “leave the state.” Without entering a formal attorney-client relationship and learning the details surrounding your case, it is difficult to advise you.  
 
If there allegations of sexual abuse are being made, you and your husband may be at serious risk for losing custody of his children, and I would recommend consulting an experienced child custody attorney licensed to practice in your jurisdiction as soon as possible. 
 
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Tuesday, June 05, 2012 10:24 AM by Jason B. Martin, Esquire
Mary, 
 
Courts in Pennsylvania make child custody determinations based several factors expressly listed in the PA Child Custody Law. These factors are weighed by the court to determine what custody arrangement is in the best interests of the child. Among those factors is “the well-reasoned preference of the child, based on the child’s maturity and judgment.” At age 11, your daughter is obviously still a child, but her opinion could be seriously considered by the court. Without entering into a formal attorney-client relationship and learning the specific details of your case, it is difficult to advise you beyond that. I would recommend consulting with an experienced child custody attorney licensed to practice in your jurisdiction to gauge the likelihood of achieving your desired outcome. Good luck. 
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Tuesday, June 05, 2012 10:25 AM by Jason B. Martin, Esquire
my sons father has not seen him in 2 years and makes no attempt to see him. he is now 3. his first year of life he might have seen him 10 times if that.  
 
I dont see him ever wanting to see his son but I am also scared to lose him since he is here with me every day. Should i file for sole custody?
Posted @ Tuesday, June 05, 2012 11:57 AM by amanda
Sean, I think the first thing you shoulddo is get your son a psychiatric evaluation, that is what my husband was told to do, in order to stop all the unnessesary drama. 
 
Posted @ Tuesday, June 05, 2012 3:10 PM by Marsina Thrasher
To give clearification on my husbnads case and myn son being removed. Myhusbnads ex-wife filed false allegation against both of my son regarding sexual abuse it came back unfounded and the children to to be seen at CRC  
 
( childrens resource center) and at that time ttthe children both told the detective andd the doctor that their mom told them to say those mean thnings about their brothers. Well needless to say bio mom realizes she is related to one of my children so the case againt him was dropped, now once eveerything came back an the CYS department finished their investigation everything against my other son was dismissed. Onnce we went to court the jugde asked mom what did she was first she askedif he could order my husband to leave me and if not she wanted my son removed from Pa.and since the judge couldn't get my husabnd toleeave me he order my than 16 year old son out of PA. as long as the children reside here in PA.
Posted @ Tuesday, June 05, 2012 4:09 PM by MARSINA
I have primary physical custody of my 17 yr. old. She has recently had issues with our rules and wants to go live with her father. He has custody of three other children from a different relationship but hasn't been a very responsible father. I know she only wants to live with him because he isn't home as often and gives her a lot more freedom. She got upset with me tonight and left saying she is going to talk to her father but hasn't come home. What can I legally do about this since I believe she would be allowed to choose who she wants to live with in court due to her age?
Posted @ Wednesday, June 06, 2012 10:22 PM by Jen
After many years of difficult custody arrangements, my youngest child is about to turn 18. Her father and I had joint custody, but but after some traumatic events a couple of years ago, my daughter was appointed an attorney ad litum and has lived with me full time ever since. We anticipated that she would be going to college at 18, but with the physical and mental health issues which arose due to the trauma she experienced, she has been advised to stay at home for a couple more years and maybe take some classes at a local community college. My daughter tried to work a part-time job during her senior year, but was unable to continue with it. I have asked my ex to consider extending support because she will need to live with me as a full dependent. He didn't respond to me but instead tried to persuade my daughter to move into an apartment which he would pay for. She is still very fragile, and I really think she needs this extra time at home. Does anyone know if a court in PA is able to extend support based on a big change in circumstances from when the support was first ordered?
Posted @ Saturday, June 09, 2012 1:43 PM by Lisa
Amanda,  
 
Without entering into a formal attorney-client relationship and learning the details of your particular case, I cannot advise you as to whether it is in your best interest to file for sole physical custody of your son. You should consult an experienced child custody attorney licensed to practice in your jurisdiction to discuss this in greater detail.  
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Monday, June 11, 2012 9:04 AM by Jason B. Martin, Esquire
Jen,  
 
This is a custody matter, but it also entails your relationship with your daughter. I would advise that you seek counseling with your daughter and contact an attorney to help you with the custody issues. 
 
***********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Monday, June 11, 2012 9:07 AM by Jason B. Martin, Esquire
Lisa, 
 
As you know, Pennsylvania law establishes that both parents are liable for the support of their children who are unemancipated and 18 years of age or younger. However, parents may be liable for the support of their children who are 18 years of age or older under certain circumstances, such as the existence of physical or emotional challenges.  
 
Since your child is about to turn 18, I would advise you to contact an experienced PA child support attorney as soon as possible. Once you have entered into a formal attorney-client relationship, your attorney will be able to more thoroughly review your situation and advise you further. You can also try contacting the PA Child Support Hotline at 1-800-932-0211 or childsupport.state.pa.us.  
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, June 14, 2012 3:58 PM by Jason B. Martin, Esquire
Hello everyone, I was wondering if anyone has experienced or knows, i have a 7 yr old with my ex and am getting married in a week to my fiance of two years and he is in the army.. we want to relocate where he is stationed but scared the judge will not let me? or scared his dad may fight it.. the thing is.. his dad only gets him every other weekend and sometimes shows up only once a month. we would be stationed about 6 hours away and i would be wuilling to make that drive for his father to see him holidays and maybe every 6 weeks.. Its depressing not knowing if i will be able to move with my husband.. because it is our future along with our childs i hope someone has had a positive experience and could share with me!
Posted @ Tuesday, June 19, 2012 5:50 PM by Lauren D
At what age can a child in PA talk to the judge and decide where he wants to live?
Posted @ Sunday, June 24, 2012 1:10 PM by chrissie
Lauren, 
 
Pennsylvania’s Child Custody Law sets forth the procedure and standards for a relocation request. I recommend reviewing our blog post, “What if One Parent Wants to Move Under the New PA Child Custody Law?” for more information, and then consulting an experienced child custody attorney about your particular situation.  
 
**********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Monday, June 25, 2012 8:00 AM by Jason B. Martin, Esquire
Hello everyone! I had a few questions! I have a 5 year old and 8 year old son whom live with me on a full time basis, attend school, and are fully supported by me. Thier father does pay weekly child support of $40 (for each child, totaling $80) withdrawn directly from his check by court order. I recently filed for custody and are due in court within the next month. My questions and concerns are that their father has not called, contacted, or attempted communication within the last 8 months. He currently has a warrant out for his arrest in my township. He also is a heavy drug user. But the only way I can prove his drug use is through people in his neighborhood whom have called ambulance on him for passing out in the middle of the street because of drug use. If I obtained a sworn statement from these individuals who witnessed and acted upon this situation, will it be viable or used as evidence in court??? 
 
If I order a drug test through the court, do I have to pay for it? 
 
I want to obtain full physical and legal custody , would that be obtainable with the history of their fathers actions? 
 
I know some questions are in depth and whatever information you can give me would be a great help! Thank you! 
 
Posted @ Tuesday, June 26, 2012 12:43 AM by Azar
Gender discrimination against men continue in family courts in spite of the new law. What PA absolutely needs is a "Presumption of Shared Custody Law." Both parents supply 50% of DNA as the initial qualifier. Both parents should get 50% of the custody. Also there are many Constitutional issues violated when custody is not shared. 
 
 
 
Family Court wants the general public to believe every case is special. Most child custody cases are ordinary. The outcomes display 
 
the full reality of the situation. 
 
Very few fathers get any kind of custody when decided by the bench. It is time to let biology and the US Constituion determine custody. Not the nonsense and bias of attorneys.
Posted @ Tuesday, July 03, 2012 1:30 PM by Harry Finemen
Chrissie, 
 
There is no statutory age at which a minor can decide where he or she wants to live. An action for child custody in Pennsylvania must be initiated by a party with standing to do so. Custody determinations are based on several factors as outlined in the law, and one of those factors is the well-reasoned preference of the child, based on the child’s age and maturity. As such, the older a child is, the more heavily his or her testimony will be weighed by the court. 
 
**********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, July 05, 2012 8:04 AM by Jason Martin, Esq.
Azar, 
 
You’re correct that these questions are rather in-depth. It is impossible to provide you with any guidance as to your likelihood of success in a child custody action without knowing the specific circumstances of your case. Additionally, each Pennsylvania county has different requirements and procedures that are utilized in family court. If you are considering filing an action for custody, you absolutely should contact an experienced child custody lawyer licensed to practice in your jurisdiction to obtain straightforward and comprehensive answers.  
 
**********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, July 05, 2012 8:06 AM by Jason Martin, Esq.
Harry, 
 
Current Pennsylvania law does not favor either the mother or the father. Instead, Pennsylvania courts utilize a list of statutory factors to determine what custody arrangement would be in the best interest of the child or children involved. Although 50/50 shared physical custody may be the best solution in some custody cases, this is certainly not always the case, and there are many factors that must be considered for each particular case, including, at a minimum, the location of both parents. Sometimes it is simply impossible for a court to award 50/50 shared custody to a mother and a father.  
 
Child custody cases have extremely high stakes, and your best bet for success is to proceed once you are represented by an experienced PA child custody lawyer who is familiar with the applicable statutes and court procedures involved.  
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, July 05, 2012 8:07 AM by Jason Martin, Esq.
I'm a single father who was trapped by an ex. My exgf while we were together had always informed me that she was allergic to condoms and we were on again off again until she informed me she was pregnant and had not been taking her bc. she lives with me with our child but it is not a healthy relationship. She hasn't taken good care of our child and does not help keep a safe home either. She has a tendency to lay dirty cloths anywhere in the house. puts our child in bed with her to sleep since birth. Even sleeps on the couch with he baby laying next to her on the edge of the couch (this happens when im at my full time job and she is home). Avoids changing diapers etc. She is distance with her side of the family and does not like anyone on my side of the family seeing our baby either. Once we separate and go for custody she will move in with her mother or father out of state. still within driving distance. What are my chances on full custody. She is very vindictive and im afraid she will use our child against me. I'm the sole bread winner and she has not had consistent employment and i think has never had a full time job. She believes that if we split she will get full time custody and will get me for enough child support that she will not need to get a better job that my payments will more than take care of them. How can i make sure this is not the case. Any input is helpful. Thank you for your time.
Posted @ Thursday, July 05, 2012 11:56 AM by todd
My wife and I have not been together for 5 years.Our two children,7 and 8,have lived with me and my fiance (who they consider their mother because she does everything a mother is supposed to)For 4 of those years.I live in bucks pa and she lives in north carolina and hasnt seen the kids in over 2 years and has not attempted to see them.We do not have a court order custody because she has never tryed to take the kids.She talks to them on the phone once a week.I recently filed for divorce because she finally agreed to the no fault divorce because she has a new boyfriend.My question is once we are divorced does it affect joint custody.Would I lose custody or would she?I wasnt sure if because the kids have lived with me in my state for so long if she lost custody?I do not know if she would even want custody.A friend was saying to becareful after the divorce. Thank you
Posted @ Monday, July 09, 2012 11:44 PM by Kevin
Kevin, 
 
Filing for divorce alone will not do anything to impact your current custody situation; however, without a signed custody agreement or a custody order on file with the appropriate court, your wife will retain the right to file for custody of your children at any time until they turn 18. A custody agreement should always be drafted by an experienced child custody attorney. As with any divorce or custody matter, each case is unique, and you should have skilled legal representation.  
 
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Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, July 12, 2012 3:24 PM by Jason Martin, Esq.
Todd, 
 
I’m sorry to hear about the difficult custody situation you’re currently facing. Without entering a formal attorney-client relationship and understanding the comprehensive details of your particular circumstances, it is impossible to predict your likelihood of success in a child custody action. The PA Child Custody Law expressly states that it is the public policy of the Commonwealth, when it is in the best interest of a child, to assure a reasonable and continuing contact with both parents after a separation as well as the sharing of the rights and responsibilities of child rearing by both parents.  
You should contact an experienced PA child custody lawyer licensed to practice in your jurisdiction to obtain straightforward guidance.  
 
**********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, July 12, 2012 3:24 PM by Jason Martin, Esq.
My daughter is 10 yrs old. I have her father and I have shared legal custody, I have physical custody and he has periods of visitation as stated in our order. When her father started a new job a few years back we agreed to change is visitation days around because his days off weren't the same as the last job. I now think it is our daughter's best interest to be wth me throughout the week during the school year and she would only then be able to see him every other weekend. Then the summer we can go back to the way it is now. He constantly complains about gas money, activities that are on his days because it takes away family time, he isn't involved in keeping her up with school functions or activities, etc. She has a passion for dance and now wants to swim as well but he absolutely refuses to take her, accept for her one dance class a week. I look for her best interest and she is getting older, needing to expand and socially develop. He does not see how much he is crushing her. I want to take him for a modification but I know this will start world war 3. I left because of abuse and he still likes to take his frustrations out on me by yelling and disrespecting me. He has recenlty remarried and I like the new wife and am grateful she is in my daughter's life. I am afraid not only of his reaction but also that I now have a criminal history of receiving stolen property and criminal tresspassing from 4 yrs ago. Also I am bipolar type 2 and I feel that these things will be held against me even though I have always been the one to provide for her, take her to her appts, arrange daily living schedules, arrange daycare even for him, etc. It wasn't until the new woman came around that he finally started doing his full dutues and that's because she does it for him. I know my daughter loves her father and I would not want to destroy that, I just want what is best for her.
Posted @ Thursday, July 19, 2012 9:44 PM by Kristen
My ex husband and I have had an agreement that he would have our daughter every other weekend. This is not court ordered. She is now 7 years old and does not want to stay with him anymore. Because she doesnt want to be with him she cries and he spanks her and it just makes it that much worse for her. He has not had a stable home to live in for the past 5 years, just moving from one friends house to another. She would normally visit him at his mothers house. Now he is married and his wife just attempted to commit suicide recently. Im at a point that I definitely dont feel safe sending her to their house. He is threatening to take me to court. If we were to go to court does my daughter at 7 years old have any say in this matter?
Posted @ Thursday, August 02, 2012 3:42 PM by Jess
Jess,  
 
When determining parents' custodial rights, a Pennsylvania court will make its determination based on the best interests of the child. Pennsylvania law, specifically 23 Pa.C.S.A. § 5328(a), sets forth the factors that the court must consider when determining child custody. A 7 year old generally does not have much say in these matters. 
 
You should consult an experienced child custody lawyer licensed to practice in your jurisdiction. 
 
**********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Monday, August 06, 2012 8:13 AM by Jason Martin, Esq.
Thank you for your helpful comments and general guidance provided in this blog. My question: If something were to happen to me, I would like for my child to go to her grandparents. There is a current custody order, but the father does not follow it or have contact with the child. Do grandparents have rights in PA?
Posted @ Tuesday, August 07, 2012 10:49 PM by Amy
Amy, 
 
Grandparents do have rights in PA under certain circumstances. We cannot provide legal advice without entering into an attorney-client relationship. If you would like us to represent you, we would be happy to help. Please contact The Martin Law Firm at 215-646-3980 or by email at jbmartin@jbmartinlaw.com.
Posted @ Thursday, August 09, 2012 10:23 AM by Jason Martin, Esq.
I have a 3 yr old and a 9 mnth old . I am not married to there father. We have no custody of the girls but I want to leave him because he is abusive. I want too move to Flordia would I be able to take my kids.
Posted @ Thursday, August 09, 2012 11:50 PM by Erin
My boyfriend has two children to his ex wife and a son that he has raised since birth because the father is in prison. He had always had weekends with his kids and would take them for her if she needed to do things without them. She lives with her boyfriend and the kids. She is now trying to say that he cannot have his kids on his time if I am around. He is not trying to take them from her but wants to know if it's legal for her to say I can't be with him and his kids? We have talked to some people about it and they all say that when he has his kids it's not for her to say what he can do with them or who can be around. I have three children of my own and I share them with their father and when they are with him I don't ask who is around because I trust that he will take care of them as well as I do. It's just because she dosnt like me. What can I do?
Posted @ Monday, August 20, 2012 2:51 PM by Regina
Erin, 
 
The PA Child Custody Law outlines both the procedure and the requirements for relocating out-of-state. We cannot provide legal advice without entering into an attorney-client relationship. If you would like us to represent you, we would be happy to help. Please contact The Martin Law Firm at 215-646-3980 or by email at jbmartin@jbmartinlaw.com.
Posted @ Monday, August 20, 2012 3:15 PM by Jason B. Martin, Esquire
Regina, 
 
It is impossible to advise you without knowing the details of your particular situation. You should consult an experienced child custody lawyer for guidance. We cannot provide legal advice without entering into an attorney-client relationship. If you would like us to represent you, we would be happy to help. Please contact The Martin Law Firm at 215-646-3980 or by email at jbmartin@jbmartinlaw.com.
Posted @ Monday, August 20, 2012 3:15 PM by Jason B. Martin, Esquire
Do you know of any place to get legal help as far as affording a lawyer? We live in Lancaster county and are currently on my fiance's SSI. He is fighting for partial custody of his daughter (age 4) the mother has not cooperated at all and has a boyfriend with a LONG list of criminal history, so it will need a risk of harm heiring, we already filed through self help and are doing it without court cost but really can't afford a lawyer, just really would feel safer with one. And Mid Penn legal services just keeps telling us to use the referal service which cost $50 and most of them charge A LOT of money. I am sure there are some really kind hearted lawyers out there and if they heard what we have been going through would possibly help but do you know of any lawyers that do any pro-bono work in Lancaster County PA?
Posted @ Wednesday, September 05, 2012 3:45 PM by Heather Wagner
Heather, 
 
You can try contacting your county Bar Association for free or reduced legal services. We cannot provide legal advice without entering into an attorney-client relationship.
Posted @ Thursday, September 06, 2012 9:20 AM by Jason Martin, Esq.
I have a three year old son that has Autism me and his father have not been married and have not been together since before he was born. His father has partial physical custody on Sat. or Sun. for a few hours a visit. Plus none there is an abuse charge on father in another county because of my son coming home with a black and blue eye plus a cut next to his eye. Now he filed for him to have half the month with him. I won't let him take my son alone because of the abuse charge. Am I in the wrong? It states visit for a few hours and I have told him he could come to my house to see his son. He chooses not to. when I go back to court will this hurt me? Am I doing the right thing? I have tried and tried to talk to him to try to work this out he just won't do it. What should I do I feel at a loss right now. Only trying to do the right thing for my son. The last time he had him and this happend to his eye he broke the agreement we had through court. He keep him over night and was telling me he wouldn't bring him back. I filed a content of court. We don't go back till Feb. 2013. What do I do with this? Please if u can help in anyway I would be so thankful....
Posted @ Sunday, September 09, 2012 12:15 PM by Bridget McAllister
Bridget,  
 
It is impossible to advise you without knowing the details of your particular situation. You should consult an experienced child custody lawyer for guidance. We cannot provide legal advice without entering into an attorney-client relationship. If you would like us to represent you, we would be happy to help. Please contact The Martin Law Firm at 215-646-3980 or by email at jbmartin@jbmartinlaw.com.
Posted @ Monday, September 10, 2012 2:51 PM by Jason Martin, Esq.
My ex & i have a 9yr old daughter, that we have shared physical custoday, week on/week off. However, there have been rumors that dad's girlfriend has made threats against me & more recently to my ex. my daugher was in the very near vacinity for the 1st threat and in a seperate room for her fathers. The threats are really serious, but a threat is a threat. She has also been heard saying she doesn't want to be a mother to her own children, which live with them, also. What kind of proof is needed to get my daughter away from this woman?
Posted @ Thursday, September 13, 2012 7:12 PM by Brenda
Brenda, 
 
We cannot provide legal advice without entering into an attorney-client relationship. If you would like us to represent you, we would be happy to help. Please contact The Martin Law Firm at 215-646-3980 or by email at jbmartin@jbmartinlaw.com.
Posted @ Friday, September 14, 2012 10:48 AM by Jason Martin, Esq.
In Pennsylvania are there laws in place to protect people from being taken to custody hearings over and over? My definition of over and over is more than 20 times- closer to 30 within 6 years. Also, if an individual was not able to work or defend themselves in court very well due to an accident, are there any safeguards in Pennsylvania law to protect them and their child in custody court?
Posted @ Friday, September 14, 2012 2:51 PM by Laurel
Laurel, 
 
We cannot provide legal advice without entering into an attorney-client relationship. You should consult an experienced child custody attorney licensed to practice in your jurisdiction. If you would like us to represent you, we would be happy to help you. Please contact The Martin Law Firm at 215-646-3980 or by email at jbmartin@jbmartinlaw.com.
Posted @ Friday, September 14, 2012 3:08 PM by Jason Martin, Esq.
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