Pennsylvania Child Custody Factors
- Preference of the child.
- Any other factor which legitimately impacts the child’s physical, intellectual, and emotional well-being.
- Which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child.
- Each parent and adult household member’s present and past violent or abusive conduct.
- Criminal conviction or conduct of a parent.
Pennsylvania Consolidated Statutes Sec. 5305
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Comments
Comment from John P. Larkin Jr.
Time: March 19, 2008, 3:43 pm
Our child is 10.5 yrs. old and was born in the state of N.C. In May 1990, when she was 2.5 yrs. old, her mother announced with no warning that she wanted a divorce and was granted temp. custodial custody even though I was caring for our daughter full-time while she traveled on business. I fought this and lost and have been losing ever since. The court in N.C. granted us shared custody, although far less than I asked for. Since that decision, my ex-wife has repeatedly broken every term of the legal agreement, signed by both of us and arrogantly dared me to challenge her in court, knowing that the divorce and custody fight wrecked me financially. She has not obeyed any of the visitation rights granted me, frequently changed times and dates (when we could agree) to suit her and boyfriends and 2nd husband, and acted in numerous ways to limit our child’s contact with me and my family. In August of 2006 she moved my child on less than 3 weeks notice to PA. without my agreement or offer on her part to compensate my loss in any way. I was told that N.C. law required her to give me two month’s written notice of her REQUEST to move and then wait on my approval or disapproval before taking action. She blew this off and the court simply refused to act on my protest. I did not see my little girl for months! I was finally able to move to N.J. in June, 2007 and have been repeatedly denied my visitation rights although I am close enough to see my daughter and take full advantage of my legal rights. Now, her mother has just usurped my legal right to have my child on her school spring break and has taken her to Alabama to visit her husband’s family for the holiday. I’m at the end of my rope and badly need help. I have not now or EVER had issues or trouble with the courts or police. There are NO extenuating circumstances from my side that are enabling this woman’s outrageous behavior. I am employed (mgt). This is my only child and we are both suffering for this cruelty. PLEASE Help Me. John Larkin
Comment from papa
Time: March 20, 2008, 11:55 pm
John,
CLICK THIS LINK
it’s a cool forum….. register… there are cool people over there who will help you.
Comment from Joseph Probeck
Time: May 19, 2008, 9:50 pm
My grandson lives with his mother, step father and three step siblings in Cabot,Pennsylvania. My grandson is not treated the same as his step siblings and is abused. His mother cheated on his father with his father’s best friend 10 years ago leading to divorce and the mother got custody. The boy is 13 years old and wants to live with his biological father in Florida. His mother is abusive to him and has had child abuse charges filed against her before. She slapped him in the face when he said he wanted to live with his real dad and told him she owned him until he’s 18. She has hit him many times. The poor kid is absolutely miserable and says he hates his mom. I feel that both the mother and step father resent the boy because he is a constant reminder of what they did. They also have an “open ” marriage and the mother flew to Austrailia a few years ago to have a fling with a member of a band, by her own admission to me.
My son wants custody but doesn’t have the money to hire an attorney and he’s in Florida and the boy is in Pennsylvania. What can he do to get custody of his son before the boy’s psyche is completely ruined? Also the boy is forced to work on the step father’s family’s farm all summer long and has never been allowed to be a boy and do the things boys do like climb trees and get muddy and just have fun. I don’t think the boy has ever had fun.
Any advise you can supply will be greatly appreciated
Thank you for your time.
Joseph L. Probeck
Munroe Falls, Ohio
jlpmofo49@sbcglobal.net
Comment from papa
Time: May 19, 2008, 11:49 pm
Hi Joseph, sorry to hear of the situation with your grandson… sadly, people write those sort of comments here all too often….
Okay, as to the question of what you should do…
A few questions come to mind for me… does your son have his act together? I presume that he does ……..
What sort of visitation schedule does he currently have? Does he have regular contact with the child? I understand there is a good bit of distance between them…. I hope that he is having some contact……
Is your son in a position to actually viably have residential custody of the boy? … that question definitely comes to mind for me …
If he is… based upon your short comment, I’d say that your son does have a chance of winning residential custody… the primary factor in every American state is called “best interest of the child.”
Based upon the abuse you highlight, I’d say your son definitely has a chance of obtaining custody. Document everything for the Judge that demonstrates that the mom is abusive and not in the child’s best interest.
Your son could search out a free lawyer or represent himself (pro se.) To represent himself he will have to do a good bit of research … here is a link to a good bookstore that I put together myself:
http://www.princedaddy.com/about/fathers-rights-custody-books/
The other thing I want to tell you Joseph is that I am not an attorney. But, I will tell you a cheap way to get a lawyer to answer a question. See this link:
http://www.princedaddy.com/family-law-questions-answered-for-a-fee/
Many of my readers have been very happy with this service. I’ve yet to hear a single negative report. And, if you’re not happy with the answer, you don’t have to pay.
Good luck!
papa d
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