Legal Question in Family Law in Pennsylvania
i have full custody of my son for 7 mo.,mother is in rehab for the 2nd time in 7 mos. son will be 1 next week. Baby was born addicted to the drugs she was taking. She is threatening to take full custody when she gets clean and sober and was advised by a lawyer that no judge will give father full custody when the mother wants full custody. Do I have worries of losing my son to her. We are not married, and I have fully supported and cared for him.
4 Answers from Attorneys
Really there are no absolutes in family law. The standard is the best interests of the child. One factor the court looks at is stability. If the child has been with you any length of time the courts generally don't change primary custody absent so significant reason. Merely wanting primary custody is NOT going to cut it.
{John}
I've had numerous fathers obtain primary custody of their children. Under the circumstances you describe, I would even consider filing for emergency custody, if not for a expedited listing. Please contct me for free consult. I have numerous office locations.
The advice you got that no Judge will give father custody if a mother wants it, is totally incorrect. I have gotten custody for many fathers despite the mother's contesting same as the best interest of the child is what determines custody not the sex of the parent. Her past history and the fact that you have been caring for him may go a long way in supporting your claim fopr custody. Please contact me if you would like to pursue this. Thank you.
Jerold S. Berschler 610-279-4300
Hi
I think you would have an excellent chance of retaining custody, but you really have to be pro-active....I understand you are worried, but I believe that merely sitting around and worrying does noone any good, least of all your baby.
I would seek legal counsel right away. If finances are a problem, most lawyers will try to work out something reasonable with you. I know I certainly would...Call at no charge. 215 732 4000
Site www.saulhsegan.com
e mail [email protected]
I live in your area and we can meet close to your vicinity.
I wish you and your baby well and would welcome the opportunity to speak with you.
Kind regards,