Legal Question in Family Law in Pennsylvania
obtaining ''official'' custody
My daughter, soon to be 10, was born in SC where we lived with her father. We moved to PA when she was 9 months old and have lived here ever since. Her father pays child support and visits her approx. 4 times a year. Do I need to get ''official'' custody of her granted? I was told at some point that she has lived with me in PA all of this time if there were any issues things would be in my favor, especially since he did not contest us moving to PA. But, when looking into getting her a passport it looks like I either need him to sign a consent form or I need something showing I have custody. The only thing I have is the child support order. What is the process for gaining full custody (and approximate cost)? Is it necessary to do? Also, if something were to happen to me would a will stating that my mother would be my daughters guardian stand or do I need something from him agreeing?
1 Answer from Attorneys
Re: obtaining ''official'' custody
You asked about custody of a child.
Your situation is all too common. For the child's good you should formalize your situation. You could seek full custody in PA and then stipulate in your will who would have custody of the child should you pass.
As it stands, ICE is correct that you need the father's consent to obtain a passport. Some airlines would also require a consent before allowing the child on an international flight with just one parent.
In theory, the father has the same custodial rights as you do. To handle this matter you should hire an attorney and seek a formal custody order. It would be best if you discussed this with the father beforehand, through or with your attorney. (He sounds like a decent guy and should go along.) The explanation should be that this doesn't diminish his right to visitation (which can be drafted into the agreement) and participation as she grows but rather asserts and establishes your right to make all decisions for the child.
Regards,
Roger
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