Legal Question in Family Law in Pennsylvania
my daughter unknowingly signed papers with her father and his wife that she thought would allow them guardianship and it actually was custody! They give her a hard time when she wants to spend time with her son & the wife (only) took out a child support claim against her. They withold visitation when they say she didnt pay support..and insist he cannot visit overnite because he does not have his own room (he is 2) he shares a room with his mother at my house - I am his maternal grandmother. What can be done to change this horrible arrangement that is interfering with the parent/child relationship, as well as, any relationship with the toddlers maternal grandmother & niece.
2 Answers from Attorneys
No matter what she signed the failure to pay support doesn't affect your custody rights.
Further, without knowing the details of whatever was signed and the circumstances of how it was signed it would be impossible to say what can be done.
If you have any question feel free to contact me. The initial consultation is free.
{John}
It sounds like she will need to retain a lawyer and file a custody action. It is hard to provide specific advice here without knowing all of the facts and without seeing what she signed. If she signed a custody agreement that was filed with the court and became a court order, a petition will need filed to modify it. As the previous poster mentioned, whether or not a person pays support has no bearing on visitation. Furthermore, if the custody agreement did become a court order and it allowed for visitation and they are not allowing visitation, a petition could be filed where we would ask that they be held in contempt of court.
Regardless, she is certainly going to need to retain a lawyer to address these issues. If she cannot afford an attorney, she should contact the county bar association to see if she qualifies for pro bono legal help.
If she would like to retain a lawyer, feel free to have her call me. We offer free phone consultations and we even offer payment plans in certain situations.
Justin C. Gearty Jr., Esquire
Ph:n 717-490-6325
Email: [email protected]
Website: www.GeartyLawOffices.com
DISCLAIMER: This post is for educational purposes only and this post does not create an attorney-client relationship.
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