Legal Question in Family Law in Pennsylvania

Trying to get shared physical custody

My 5 yr old son has lived with his paternal grandmother since he was about 9 mos old. She was awarded physical custody because I was incarcerated and I signed a paper allowing her to take this custody.I have been paying child support for the last 4 years since my release. Now I want to modify the custody order so that we share physical custody. He has lived with me for 3 days/4 nights a week for almost 2 yrs now but it is not legally documented. Recently, she threatened that she won't let anyone see him if I didn't agree to give up my time with him so that his father could see him. His father has very little contact with him, if any at all. I had been convicted of a drug offense & endangering welfare of children 5 years ago. Since I have had regular contact with my son in a residence I have maintained for the last 1 1/2 years,that I have be rehabilitated, and I care for him just as much as she does, do I have any chance of being awarded shared physical custody? She is amenable to the custody agreement but I know ultimately, it is a decision left to the courts.


Asked on 3/09/05, 1:26 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Trying to get shared physical custody

Getting an agreement is always easier then fighting in Court. I would suggest you attempt to work aomething out and file an unopposed petition to modify custody. It will serve as basis later for a contested petition if you have court documented custody.

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Answered on 3/09/05, 6:59 am


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