Legal Question in Family Law in Pennsylvania

how could I get visitation every weekend with my daughter. Her mother and I have joint custody and I currently see her every other weekend with no visitation during the week and she and her mother live and hour and a half away. Her mother does not work and has not worked since January 2009. She was a full time nursing student until summer of 09, then a part time nursing student in fall of 09 and graduated but not has still not worked and is not actively looking for a job nor has she taken her exam to get her nursing license. Would it be possible to have my daughter every weekend?

I pay child support ( which is good and I am proud of this) and have a full time job and am married and have our own townhouse. My daughter has her own bedroom at our house and she does not when living at her grandparents house. Our lawyer told us when we went to court in march 2010 that it would be difficult to get every weekend with my daughter as her mother will say she has intentions of working. However, she still is not working and is not actively looking for a job and has not taken her exam to get her nursing license. Furthermore, she does not have any financial responsibilty as she lives with her parents and does not eeven have her own car. Would this situation allow me to have my daughter every weekend as opposed to every other weekend (which I currently have)?


Asked on 7/26/10, 5:21 pm

1 Answer from Attorneys
Rachel Hunter

Many of the details you provide are irrelevant to the question of visitation. It simply does not matter whether the mother works, is a millionairess or sits home all day watching the soap operas. The only issue that is relevant will be what is in the best interest of the child.

Since you have a lawyer and were already in court, that means that some type of order was recently entered. More importantly, it is not ethical for me to intervene to the extent that you are still represented by the attorney. Your former attorney told you no. What makes you think someone else will tell you yes? Personally, I do not like it when someone second guesses their attorney. Your attorney has all the facts. I don't. I am not about to contradict your attorney when I don't know all the circumstances.

Moreover, what your attorney told you was pretty much correct. It is unlikely that a judge is going to order visitation every weekend. It is much more common for visitation to be every other weekend and alternating or split holidays but as with most family law cases, each case is unique and has its own facts.

Custody orders are not set in stone. They can be modified depending on the child's needs and the parties' circumstances. When more time has elapsed, you can always seek modification of the existing arrangement by either requesting greater visitation with the child or actually seeking a change in custody.

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Answered on 7/30/10, 2:37 pm


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