Legal Question in Family Law in Pennsylvania
child custidy
My daughter's dad is trying to get custody of her.We currently have an order that he is to take her every other weekend Saturday 9am-10pm Sunday 9am-7pm.He took her maybe a month or two months after we set that up when she was about 5.She is turning 12 August 12th.His mother buy her every thing she needs,she takes her mostly every other weekend sometimes more.My daughter doesn't see her dad because he's out with friends alot.I never go out without my kids.He wants custody because i'm moving and switching her school again.I've switched her school about 5 times.Can you tell me if you think he could get her just because i switch her school several times.I'm worried that he will get her.He won't take care of her.His mother and grandmother will.I tryed to have him take her 3 years ago till i found a place but he wouldn't unless i stayed there.Please let me know what you think thank you
1 Answer from Attorneys
Re: child custidy
There are a number of factors that a court would look into regarding custody. The court would want to know if the change in schools is having any sort of detrimental effect on the child. Whether that detrimental effect would be cured if custody were changed. Your daughter's preference would play a factor but would not be a controlling factor. You also need to know what the status of your custody order is. If,hypothetically, you have primary legal, than you can make the determination to alter schools, if you have 50/50 legal custody then the dad gets to have a say under the current order.
You would also want to determine if his mother and grandmother,in the best interests of your daughter, would be willing to testify on your behalf.
Do not hesitate to call me to discuss this matter further as it appears that it needs to be rectified prior to September.
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