Legal Question in Family Law in Pennsylvania

Re: What can my husband do?

The father of a child has a right to see him. It would be in your best interest to get primary physical custody of your child. Whoever gives more than 1/2 of the support and who has the child determines who can deduct the child. What county do you live in?

Re: What can my husband do?

I am not admitted in PA. I am admitted to practice law only in DC, MD, and VA, so I will have to advise you on the law in these jurisdictions. First, keep in mind that the law that applies is the state where the child has lived for the last 6 months! So, where ever the child is currently living and has lived for the last 6 months is the state you need to focus on. I will assume for the purpose of this answer that the child lives in MD. That being said, both parents are entitled to custody and visitation with the child if there is no court order. That means that your husband is absolutely entitled to visit with the child. However, if the mother has been the primary caregiver it is very unlikely that the courts would give your husband custody because the courts do not like to uproot children from an environment they have grown accustomed to. Your husband is most certainly entitled to visitation absent any abuse or neglect. The best way to handle situations like this is to either hire an attorney and have an attorney send letters to the mother demanding visitation or send these letters yourself. It has been my experience that custodial mothers appear to respond better to a letter from an attorney only because they know you're serious and not just wishing, but demanding visitation. I absolutely would not advise that your husband just show up and take the child for a visit, especially if he hasn't been a part of the child's life because the court usually does not look too kindly on that sort of compulsive behavior.

If the mother refuses visitation requests you should immediately file a petition for visitation. Visitation is fairly liberally given so absent abuse or neglect your husband will be given court ordered visitation, usually alternating holidays, summer vacation, etc. If you have any questions feel free to give me a ring at 301-652-0663. Good luck

Re: What can my husband do?

If there is no custody order, either parent has an equal legal right to custody of the child, although practically speaking the mother, who apparently has had the child with her at all times, will win in any court contest about custody unless she is obviously totally unfit as a parent. Your husband does have a right to visitation, and does have the right to take the child for a day, and he should exercise that right, but with consideration for the needs of the child and the mother. It would be a mistake to just go to the house without warning and take the child for the day. If they haven't seen each other for a long time,even if this is the fault of the child's mother, he should make efforts to become acquainted gradually before he makes any demand for overnight or extended visits. And he should never expect to simply drop in to take the child for a visit without warning. If the mother refuses visitation, and is unwilling to negotiate a visitation arrangement, he may need to go to court to establish his rights. As for taxes, the parent who has physical custody of the child has the right to claim the child as a dependent, not a non-custodial parent who pays child support.