Legal Question in Family Law in Pennsylvania
Changing custody
I have a 9 yr old daughter and have been divorced from her father for 3 years now. I have physically custoday of her, however, we share visitation with her having her 2 days a week and every other weekend. This has been the case since she was 6 yrs. old.
It is now becoming apparent that she needs to be in one place all week long and then alternate on weekends. Issues are coming up which are showing me that her father is not the best provider for her during the week. Such as school work not getting done, bad eating habits and just not teaching her any life skills.
My dilemma is this...if I go back to court what would be my chances of having the visitation overturned? I know the courts favor Dad's anymore and maybe I would just be throwing away my money on attorney fees. I feel very strongly about this,but don't want to look like a fool.
Please advise.
Thank you.
2 Answers from Attorneys
Re: Changing custody
If you can negotiate something out of court you probably will be better off in the long run. Explain what you see is the problem offer increased time during the summer months perhaps or a better holiday schedule. If you can reqach an agreement a simple stipulation can be drawn up and filed with the Court relieving both parties from retaining adveserial counsel. I offer free consultations.
Re: Changing custody
The question which controls the decision in custody cases is "what is in the best interests of the child?" This is not a matter of courts favoring fathers or mothers. Frequently, in custody situations, the back and forth in an arragement like yours is found to be detrimental to a child if it interferes with stability. If parents want to continue to share fairly equally in their child's free time (the time not at school), custody can be arranged creatively by apportioning extended weekends (the Mondays off from school) and vacations to partially make up for the weekday time which would be given up by changing the back and forth arrangement to a more stable one. An experienced custody lawyer would be able to advise you in this - particularly if the other parent will resist changing the current arrangement. Much would depend upon the flexibility of the child's father. In any event,if a parent believes that their child's well being is at stake, he or she is well advised to act.
If I can be of service to you at any time, please to call my office. Initial consultations are free.
Ilene Young, Esquire ~ (215) 348-5448
50 East Court Street ~ Doylestown, PA 18901
Practice limited to parents and children
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