Legal Question in Family Law in Pennsylvania
no contact in 6 months
my son's father hasn't showed up for his visitation in 6 months.He hasn't called or had any contact. Can I take him back to court & get full custody with out a fight? Also does he have to pay support if I have full custody? Since he has gone so long without contact can a try & change my sons name to my maiden name?
1 Answer from Attorneys
Re: no contact in 6 months
Yes, you can petition the court but it sounds like you have de facto full custody.
Partial custody or visitation is a right not a duty. That is dad can choose to exercise it or not.
He has an obligation to pay support as long as his parental rights have not been terminated. The only way those can be terminated is if there is a pending adoption.
As for changing your son's name that's a different matter. You would have to petition the court to change his name.
If you have any questions feel free to contact me the initial consultation is free.
{John}