Legal Question in Family Law in Pennsylvania
Visitation
I have a son and the child's mother refuses to take my son for visits since getting a new girlfriend. The only way I am able to visit is by going to her home for a 1 hour visit. It takes one hour to get there. I have been doing this but want to be able to have weekend visits. I am behind on my child support since I just turned 18 and obtained a steady job. The mother is 27 and on welfare. Will me bein behind in child support hinder my visits? Plus I'm in MD and sh is in PA and there is no legal agreement for custody of visitation? Can I file in MD ct asking for her to have custody but I have weekend visitation. please advise thank you
1 Answer from Attorneys
Re: Visitation
Child support and custody/visitation are two separate legal matters. Failure to keep current with support does not cause a denial of custody rights. It may be relevant, however, in that the fact of whether or not you are current on your child support may be considered as evidence of your commitment to your child by the judge in the custody matter, should it be raised by the other side.
In custody cases, the proper jurisdiction is in the county and state of the child's residence. This is where you should have custody determined. Weekend partial custody rights are granted when it is believed to be in the child's best interests. There is a strong policy toward involvement by both parents in a child's life. The determining factors in your case will most likely be your ability to demonstrate to the court that you are reliable, have good parenting skills, have established a close relationship with the child and have a good home in which to keep the child. If you have the support and assistance of your parents or other relatives during the visitation periods this will be considered as well.
It would be advisable for you to consult an attorney in the county of your child's residence for representation and counsel in this matter. It is possible to proceed in custody matters pro se (which means for yourself, without representation)by contacting the domestic relations office of the county where the child resides, but it is not recommended.
I wish you the very best. If I can be of assistance to you, feel free to call my office.
Ilene Young
Ilene Young, Esquire/ Civil & Family Practice
215-444-0445
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.