Legal Question in Family Law in Pennsylvania
primary and partial physical custody
My wife has always had court ordered primary physical custody of her 13 yr old daughter(my step daughter). She has lived with us her entire life except when she expressed to us she wanted to stay at her dad's parent's house in PA for 2 school years. My wife and the father agreed verbally with the stipulation that she would not owe support for the duration of the father's time of partial physical custody except med and dental ins and half of all med & dental out of pocket expence and she forgave his arrears @ $4,000. She also reserved the right for her daughter to move back with her if she chose to do so. This summer while she was with her mother and I she decided to move back here and her father wouldnt pay any support. we tried to work out an amicable arrangement of an amount that was less than his previous amount that was from a 1994 order. Soon after he was ordered to pay support we get sued for custody. He is seeking full custody and in the interum his visitation has her the entire christmas holiday all of spring break and all but 2 weeks in the summer. Our daughter does not want to visit him this much. He still lives with his parents. What are our chances to retain custody and reduce the amount of visitation
1 Answer from Attorneys
Re: primary and partial physical custody
You asked about custody and visitation for a 13-14 year old girl.
Courts really do try to get the parties to come to their own solution. As the girl is a teenager she will have a great deal of say in her custodial and visitation arrangements.
Except where there are extenuating circumstances a court will like to see 50-50 parenting. Also, the parent with primary physical custody will almost always see an award of child support.
You really need to engage an attorney to assist you with the proceedings. A proper case must be presented in order to preserve the best custodial arrangements in the best interests of the child,
Regards,
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