Legal Question in Family Law in Pennsylvania
My son has been living with his mother now for 11 years, he stays with me on all weekends, and most holidays, yet he wants to live with me primarily. Firstly (my situation): I live in a large house in the suburbs. This house Is not mine however. I lost my job last year, and none have come available that would pay my child support, and enable me to move out on my own. I live with my grandparents for now as it is beneficial to all of us. I do the manual work they cannot, and they give me a place to stay. I do make money repairing computers, but it is little more than enough to cover my child support expenses, and help with a few bills here and there plus food. My son has his own room here, and my grandparents are pretty happy with the current arrangement of us staying here. This house will be Willed to me when they pass, so I'm pretty sure this is going to be my permanent residence. I'll be opening my own computer business as soon as i get enough money saved to start it.
second: (his mothers situation): she has four children and lives in a 2 1/2 bedroom mobile home.
She hasn't had a job in years (to my knowledge). has had Children and youth services called on her 8 times (not by me) for neglect, drug use in the home, also discharge of weapons in the town they live in (her boyfriend was irritated and was shooting in the air). Her and her boyfriend both have extensive police records. They live off of my child support, and my son and his half sister receives Social security for Attention deficit disorder (not sure how she pulled that off, as it really isn't that bad).
I assumed children and youth services were going to place him in my custody when any (all) of the above happened, however they never do, and its very frustrating. My son does love his mother, but hates living with her. He will soon be 12 however, and from what I understand he may have a say in where he wants to live, and bluntly tells me that he wants to live here. Would i have a fighting chance in court over custody?, and if so, how do i go about changing custody?
1 Answer from Attorneys
You are correct that your child would likely have a say in any legal proceeding regarding custody. However, that is only one factor that the court uses to determine the best interests of the child. You would have a chance of obtaining custody, although it is hard to say exactly how good your odds are with doing a thorough evaluation. You would change custody by filing a petition with the court (assuming a CYS case isn't still open). You should have an attorney to represent you in this matter.
If you would like to speak further about this, feel free to give me a call. I handle custody cases and work throughout most counties in PA.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship. You are hereby advised that you should consult with an attorney who has done a consultation before taking any action.
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