Legal Question in Family Law in Pennsylvania

Re: child custody and abandonment

A parent has "standing" (the legal right) to file a Petition for custody/partial custody/visitation because he or she is a parent. The Petition will therefore move into the system and be heard.

In general, the only consideration in a custody case is what is in the "best interests of the child".

The fact of the father's lack of contact with the child for the first 8 years of the child's life will be one of the factors taken into consideration in the decision of the court.

It is therefore the individual facts of your case which will be important in your custody case, and the way they are presented to the court. It is highly advisable for you to consult an attorney in this matter. You may also contact the Domestic Relations Division of your county court for information. You may find the correct contact number by calling the courthouse in your location.

While your inquiry does not mention the issue of child support, it is worth mentioning that the child's right to support from a parent is not dependent upon that parent's visiting the child. The obligation to support one's children is not dependent upon contact.

Ilene Young

This discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this fact sheet may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts