Legal Question in Family Law in Pennsylvania

Custody in PA & AZ

I live in AZ my son lives in PA with his my ex. According to our divorce decree we have joint legal custody and my ex has primary physical custody. My problem is I have not been able to speak to my son for about the past 3 months. I have spoken to him maybe 3 times, when I used to be able to speak to him at least twice a week. Everytime I call I get an answering machine (on which I leave a message) or no answer. My son has never been able to call me, I always have to call. My son has said he would like to live with me. But my ex won't also it (he wouldn't part with the support payment).My support payments have always been current. I spoke to my support officer (who is in PA) she told me there was nothing they could do about this. That's funny because they sure would be after me if support payments were late. Be my ex could keep me from speaking to my son and that's okay. What choices do I have here? Do I have to remain at the mercy of my ex? Also shouldn't I have a domestic relations support caseworker in AZ. Thanks for any advice.


Asked on 8/31/05, 9:08 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Custody in PA & AZ

Most cudtody orders require the custodial parent to allow telephone communication. He may be in Contempt of Court and as such a petition for Contempt could be filed. If your son is around 12 years old his voice as to where he wants to live becomes very important, though not dispositive. You can petition the court to modify custody. I suggest you consult an attorney to disucss your situation in greater depth.

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Answered on 8/31/05, 9:24 pm


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