Legal Question in Family Law in Pennsylvania

If your fiance is currently in the Army and deployed, he would pretty much have to convince a Court that his ex is an unfit mother to take the child away. The presumption is that it's in the best interests of a child to be with at least one of the parents -- and if your fiance isn't around to care for his daughter due to Army obligations, then that only leaves his child's mother.

In addition, what happened in the past between them isn't necessarily what's going on now. If, however, his ex is actively bipolar and seeking no psychiatric help with it, the Court will likely have some concern about this if it is negatively impacting the child. If he's concerned for the safety and well-being of his child, and has specific reasons why, he could also contact the local Children & Youth office and ask them to look into it.

In short, he can file a petition to modify custody and at least make the Court aware of the current state of things and perhaps even obtain custody if things are bad enough for the child now. Best of luck to both of you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com