Legal Question in Family Law in Pennsylvania
Changing Joint Child Custody
I am writing on behald of my husband. He and his
ex-wife have joint custody of there son. The court
order reads that they share both physical and legal
custody, child shell reside with mother. There is not
court ordered time for custody. An verbal agreement
was made in sept 2001 for the following custody time:
Mother has child Sunday evening, Monday, Tuesday,
Wednesday and Thursday until 5. Father has child
Friday, Saturday and Sunday during school year. OVer
the summer the child will altrnate between mother and
father.
We would like to know what our chances are on getting
full custody. Father currently pays child support and
medical benefits. Will we lose the custody we have if
we go for full custody? We think child needs more
stable environment. We also have another child does
that make a differe
1 Answer from Attorneys
Re: Changing Joint Child Custody
It is very difficult to answer your question without a full and complete review of the factual issues regarding each parent. If you proceed with a full custody hearing, the worst result will be a more formalized structure of visitation. Neither your husband or his ex wife in the absence of a being a unfit parent will lose the right of visitation. The custodial parent will not have to pay child support. Your husband may or may not get custody. There will have to be some compelling reasons to present to the Judge to give you custody. If the mother does not consent, you should approach this matter very carefully. I suggest you consult legal counsel in order to more accurately give you an assessment of your case. It is impossible in the LawGuru internet setting to accurately advise you what the best option would be available. If I can be of any assistence please call at 215-579-9390 and for a small conference either telephone or in person is available at a modest charge. Gerald Hershenson 215-579-9390.
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