Legal Question in Family Law in Pennsylvania

I disagree with advice stating that the father�s paying support means he automatically has a right to custody. That is simply not true. To the contrary, the courts have long recognized that custody and support are wholly separate issues.

When a child does not know his or her father, and the converse is obviously true, in the best of circumstances, all that the father would be entitled to is supervised visits till he became acquainted with his child. Gradually, under normal circumstances, there would be a phase in with more custody and overnights.

If there are serious concerns about your child�s well being in father�s care, there may not be any phase in at all.

I am more than happy to speak with you on a free initial basis.

Thank you for your question. I have to agree with my colleague that a parent is not entitled to visitation simply because he or she pays child support. And the converse is true � visitation cannot be suspended because the payor does not meet his/her child support obligations.

In deciding visitation, the Courts in all 50 States agree that the standard is �What is in the best interests and permanent welfare of the child�. So, in your situation, if the other parent cannot provide a safe and wholesome environment in which he can visit with the child, especially if there are drugs in that household, then the Court will take this into consideration in deciding whether or not to grant visitation at all, and what the parameters of visitation will be.

If you need clarification, or assistance, I am available for In-Office consultations.

Kindest Regards,

ANDREA G. TILLIS 610-259-2724