Legal Question in Family Law in Pennsylvania

I gained temporary custody of my 2 sons a little over two years ago, as their mother was addicted to drugs and couldn't care for them. I have been their primary care giver in our home town in PA. Through out this two years, she has lived in Florida while going in and out of rehab and jail. I have recently filed for full permanent custody, and she has just came back to our home state a few days before the hearing (I cannot afford an attorney, and tried to get legal assistance with no avail). She is staying with a friend, and is convinced she will be awarded the custody because she is the mother. I provide a home for the boys, care for them, pay for their living expenses and sports etc. with no help from her. Is her absence considered abandonment, and does she have a chance of gaining custody of my sons? I appreciate any input provided.


Asked on 3/27/14, 7:45 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

There are 16 factors as to who gets primary custody. One of the big factors is stability. That is the courts will not change custody just cause she asked. Further have both parties filed the affidavit of enumerated crimes. If either party or anyone over 18 committed any of the offenses in section 5329 then they need to submit to an evaluation. Is mom planning to stay in the some county where you live? If se wants to move them sany distance she would have to file a separate petition to movee them.

{John}

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Answered on 3/27/14, 8:00 am


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