Legal Question in Family Law in Pennsylvania
Changing Child Custody
My fiance has two daughters ages 10 and 12. His ex-wife has primary custody and they share legal custody. What can he do to get primary custody of one if not both of the children? They were separated in 2002. We know they would be happier and it would be better for them to live with us. His ex-wife is a Jehovah's witness and forces her religion on them against their father's wishes and their own. They miss many school days because their mother pulls them out of school for illegitimate reasons. They have trouble in school because their mother doesn't take the time to help them. She does not have a job and hasn't been able to hold one for many years. He and I both feel their mother is a bad influence on them. Is there anything we can do to change the custody arrangement? Do the children's wishes affect the outcome?
1 Answer from Attorneys
Re: Changing Child Custody
The standard is the best interests of the child. As dad shares legal custody he has some say as to the religious upbringing of the child. If mom is causing them to miss school that won't help her cause. A lot depends on how much you can actually prove.
Will the judge take the children's wishes into consideration? Yes but how much depends on the judge.
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{John}