Legal Question in Family Law in Pennsylvania
I would like to switch my current custody agreement from me having partial custody to primary custody. Reasons: the mother is constantly moving, has no job, and my daughter and the mothers other daughter have been found twice by the police out in public by themselves while the mother falls asleep at home without watching them. I have been at my full time job for 12 years and I'm a homeowner with the same address since 2006. I have stability which she does not plus with kids running away twice it shows she's unfit. Would court go in my favor to get primary?
1 Answer from Attorneys
The paramount question in custody cases is the bests interests of the children. The circumstances you described do indicate that the children would be better off with you. But, of course, all cases are fact intensive and, in my experience, other parties tend to offer a different view than the client making it far from a clear cut case.
It is certainly worth your while to file a Petition to Modify as the facts, if proven true, certainly indicate that you should be the primary custodian. Each county has their own rules so, depending on which county you are in, you may have to attend mediation and participate in an evaluation program.
I trust this answers your questions, but feel free to call or e-mail me on a free initial basis.
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