Legal Question in Family Law in Pennsylvania
Child Custody Question
I am in the military currently stationed in Korea. My wife and I divorced in 2000. We have a daughter who is 5. My daughter has been expelled from 2 preschools for inappropriate language and actions. Whenever I get to go home, it seems that my ex is doing OK with my daughter, but now I'm starting to question that. Based on the fact that my ex can't keep my daughter in school, what are my chances as a single father in the military to get custody in the state of PA? I have never tried mainly because I got the impression from our support hearings that--as the father--I have very limited rights in that state and as a soldier have no chance to win a custody hearing.
2 Answers from Attorneys
Re: Child Custody Question
Although a Court is supposed to be blind to the gender of the parent, the fact is a mother is usually the primary caregiver of a child and as such Courts tend to favor them. The fact that she has been having problems does tend to show she may have some issues as towards her fitness.
It would seem that if you cannot win physical custody, you should be able to win joint legal custody. That would entitle you to have a say into the major life decisions concerning your daughter. This would include schooling and medical care. I offer free consultations and as my wife is a veteran, I extend discounts to millitary personel.
Re: Child Custody Question
From my reading of this situation, the decree of divorce was issued in PA and the mother and child live in PA. You will need to address the issues there with counsel licensed in PA.
If the child has lived in WA for more than 6 mo you could get the matter moved here under the Uniform Child Custody Jurisdiction Act (UCCJA). You would still face the challenges of getting the current custodial arrangement changed (but WA does favor joint custody).