Legal Question in Family Law in Pennsylvania

Child Support/Reverse Custody

I am in the military, I lost custody in 2003. The main reason, I left the country (orders) and married another military member. We have 2 children under the age of 2yrs. Currently, having a hard time financially because of the amount of support I am paying. The referree came to the conclusion that my income does not help to take care of my children with my husband and that he pays for the bills. Our cost of living overseas while serving is extremely high and we can barely afford to cover our expenses. When I had custody, the father made $50K+ a year but only paid $500 a month. I make 30K a year but paying $700 a month. He also owes me back child support as well. I made an appeal to reduce but they increased the amt. I have to pay for her travel and he will not allow our 9 year old to travel by themselves. When I had custody we split the travel so therefore she was able to visit, also we had phone calls that were specific times and I left the room to talk, now my child is rarely available, via phone or email and has only called me twice since I have been away. My family lives a few hours away and they rarely get to see her, and if so he makes it an issue that she will miss out on an event with him. Any help to get custody back?


Asked on 12/10/05, 8:30 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Child Support/Reverse Custody

If the change that prompted the shift of primary custody to the father was your overseas deployment and that has ended, you can petition to modify based on that fact. You need to speak to a lawyer about custody and support. I offer free consultations.

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Answered on 12/10/05, 9:02 am
John Davidson Law Office of John A. Davidson

Re: Child Support/Reverse Custody

The facts and issues you present are complex. Further, if you are still in the military there is the Service Member's Civil Relief Act may have some bearing. So to give any answer would be hard.

Generally, changing the status quo in custody gives you the burden of proving custody should change.

I am right down the road in Harrisburg. I like my brother attorney Mr. Johns my initial consultantation is free. Once I have all the facts and research the law I will be able to advise you as to your best course of action.

{John}

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Answered on 12/10/05, 11:21 am


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