Legal Question in Family Law in Pennsylvania

My ex and I have a 3yr old son and over a year ago he signed over custody so I have 100% physical and we have 50/50 legal. He is living with roommates and has a history of drugs and totaling cars and has been without a car for over 6 months now. He also had a public intoxication charge and avoiding arrest charge over the past summer. He will go a week at a time with no contact with me and has gone two weeks in a row with no contact whatsoever. I do not know where he is living right now and when he asks to see our son I will take him over for a few hours to my exs parents house for a visit (I stay during visits) our custody agreement states visits are a"mutually agreed upon" bases. During our last visit he told me if he doesn't see our son twice a week he will take me for 50/50 physical custody. I am a stay at home mom and we are living with my parents in a stable house hold. I do not do drugs or go out without my son and I have my own vehicle and no criminal record. Could 50/50 physical custody be a possibility?


Asked on 1/04/17, 6:22 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Yes but then again it's also possible he could win Powerball.

First for him file assuming there has been no previous custody case will cost him $136 if he's asking to modify an exisyting order then he needs to pay $42. Then he has to actually draft a petition for the court. Then he has to fill out a criminal affidavit indicating whether or not he or and person has been convicted of any of the enumerated offenses If they have the judge or your lawyer could ask that the circumstances of any conviction be investigated and that person undergo evaluation.

So he might file given the facts you have provided I wuldn't worry overly much.

If there are other fact feel free to cll.

{John}

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Answered on 1/05/17, 7:03 am


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