Legal Question in Family Law in Pennsylvania
Father Custody
Mother has custody. Father has visitation. When exercising visitation with his daughter we noticed paper on her bedroom windows. When he asked his daughter why that was, the daughter replied that's because I am not allowed to look outside. Do you think this is enough to pursue custody over his daughter? Also, all the other siblings currently live with them because they are old enough to make that decision. The daughter is only 10. She stated over and over again. That she wants to live with her father. Does she have that say? Thank you.
1 Answer from Attorneys
Re: Father Custody
The Judge will look at the whole picture, and must base his decision on the best interests of the child. The paper on the windows is very odd, and would be a negative for the mother. The daughter is only 10, so the judge may consider her preference of who she wants to live with, but that will only be 1 of many factors he will look at.
However, a judge will likely be reluctant to take custody away from the parent already awarded custody and will not want to split the children up, thus to get custody you will have to have very clear evidence of bad parenting by the mother, not just your word against hers.
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