Legal Question in Family Law in Pennsylvania

I have raised both my children by myself since they were born. They go see their dad every other weekend. We have never had any custody or visitation papers drawn up because we never needed them. My 16 year old son sent me a text saying he was going to live with his father and his new wife. Is there anything I can leglly do to have him back living with me?


Asked on 6/10/10, 6:10 pm

2 Answers from Attorneys

SAUL SEGAN SAUL H SEGAN ATTY AT LAW

Do what you probably should have done a long time ago (no offense)

Petition for custody, BUT the age of the child can have a bearing on their right to express their preference....

I live near you

Feel free to call

It might pay to have a consultation---I would not charge you a high fee to discuss the case in person and there is NO charge for a phone conversation. Don;t hesitate to call....

SAUL H SEGAN

215 732 4000

www.saulhsegan.com

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Answered on 6/11/10, 4:27 am

Frankly, your son is 16. Do you really think a piece of paper from the court is going to make a difference if your son does not want to live with you? Your son is going to do what he wants to do. Why not let him stay with his father on a trial period, say for the summer? What kind of life will your son have at his father's home? Where will he go to school? Don't view this as rejection of yourself. It isn't necessarily. It might be something else. Explore your own motives - what is going to be in your son's best interests? Why do you want to keep him with you? Your son is not a child support paycheck.

You, your son and his father should have a long talk about this and see if something can be worked out. It requires you and your son's father to talk about this without bringing up issues from the past - those do not matter. Your son's best interests matter and only those will be relevant in any court proceeding. Besides, you might like your newfound freedom.

If, after reviewing everything, you still decide that you want custody, then by all means file a petition for it. Custody battles can get expensive, but get a lawyer to maximize your chances.

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Answered on 6/11/10, 11:32 am


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