Legal Question in Family Law in Pennsylvania

Re: Copies of Legal documents

As a general rule a parent cannot contract away the duty to pay child support, and custody/visitation actions are not tied to support actions - a person may not legally contract away visitation rights in return for freedom from the obligation to support his or her child. It is therefore difficult to say what legal document your husband may have signed or where it may be located.

The first question to ask is whether any court action was underway at the time. Had a support action been filed with the court? Was an adoption action involved? Was any state agency involved? If any of these formal legal actions were underway, you would be able to obtain a copy of any agreements entered of record in the court records. Your county Domestic Relations Section could direct you.

I cannot speak to your specific situation without knowing all the facts involved. If there is no known court action associated with the agreement, or that information is not available, it is sometimes advisable to request, in writing, a copy of the document from the person believed to have it in his or her possession. Again, I cannot comment on the advisability of this without direct knowledge of the particular situation.

To secure visitation or any other custody rights, a parent must file a Petition with the domestic relations section in the county where the child resides. The proceedings are governed by the state rules of procedure as well as rules local to the county. It is highly advisable to consult with an attorney in this regard, both as to procedure and in crafting a visitation plan which is workable and suited to your life and the best interests of the child and all families concerned. In the long run, advance preparation in these matters can pay off for years to come.

As always, it is best to seek professional advice particular to your situation from a lawyer who is familiar with your county. If we are convenient to you, you may call my office for a consultation if you wish.

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