If a dad hasn't seen his child in four years but pays support is he entitled to custody?

If a dad hasn't seen his child in four years but pays support is he entitled to custody?


Family Questions

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Wills and Trusts Questions

in Pennsylvania Posted 5 years, 11 months ago

12 Responses

Profile Picture of natalie dziobczynski
natalie dziobczynski

law office natalie dziobczynsk

Niki if you are in Delaware County I would be happy to help. I specialize in this area and helping moms with custody problems yet keeping there costs to a minimum.

Natalie Dziobczynski, Esq.
ndziob@comcast.net

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natalie dziobczynski

law office natalie dziobczynsk

Yes the two are not related to each other.if you are having issues with support or custody and are in delaware county i would be happy to discuss your concerns.

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Profile Picture of sencionmaria18

sencionmaria18

I wanna get full custody of my daughter what would I need to do?

Profile Picture of natalie dziobczynski
natalie dziobczynski

law office natalie dziobczynsk

yes they are not tied togther

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Profile Picture of sencionmaria18

sencionmaria18

I wanna get full custody of my daughter what would I need to do?

Profile Picture of gonzalesjoel18

gonzalesjoel18

I pay child support for my child and I can't. See him becouae the mother won't. Let me see my chid

Profile Picture of Kenneth Petrini
Kenneth Petrini

Principal at None

Paying child support does not buy you custody rights but it does help. Child support is an obligation that comes from parenthood.

Why hasn't dad seen the child for 4 years? Does mom have full legal and physical custody now? Did dad voluntarily give up custody? Is there a current court order on custody? The answer to these questions will help determine how dad goers about getting some sort of partial custody (we no longer use the term visitation). If there is an existing custody order, dad can go to the Family court and seek to modify it. If there is not, dad can file to get custody rights. It can range from partial to shared to full but if the child has been with mom all this time, it would be very unusual to see dad get full custody. PA courts evaluate several (16 actually) factors in custody and we have a bias towards both parents having some shared rights as long as both parents are suitable. Dad should determine what custody rights he would like and then either seek to modify an existing order or if none then seek a custody order. If you are seeking to modify custody, there is usually someone in the Family court division of Common Pleas Court in the county with jurisdiction over the child who can help you. This assumes mom, dad and child are all in Pa.

If you'd like to discuss further, contact me.

Ken Petrini
petrinilaw@aol.com

THIS IS NOT INTENDED AS LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP ISD HEREBY ESTABLISHED.

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Profile Picture of niki moore

niki moore

The dad left us four years ago we were never married I live with my son who is now 6. His dad moved to Ohio four years ago always telling me he was goin to come see his son and never showed. No phone calls on holidays or birthdays and now he is sueing me for custody / visitation I just would like to know what kind of chance he has. I've taken care of my son since he was born and he has always lived with me he is in a stable home and goes to school plus he has an abusive past I actually pressed charges on him for beating me up so with all that said my question is does he have a chance to get custody being he lives in Ohio and my son and I live in pa?

Profile Picture of Kenneth Petrini
Kenneth Petrini

Principal at None

Niki, I would think it highly unlikely that he would ever get full custody but he may get some rights. What we used to call visitation is now partial custody. The distance between his home and yours will be a factor. It is hard to how a court would ever split week-day school year custody but dad could end up with some weekends and time in the summer if he shows he is capable as a parent. Since you'll be in a Pennsylvania court and you are the mom who has cared for your son, you should do pretty well but if your goal is for dad to have no rights--that may be difficult. He may very well end up with some partial rights though if your explanation is correct I'd be very shocked for you to lose primary custody. Depending upon what county you are in there are probably low-cost or no-cost providers available to help represent you. If you can find one or can afford a lawyer, it helps because it allows you to focus on being mom in the hearing and let's the lawyer do the work. Not sure where in PA you are but if it is anywhere east of the Susquehanna, feel free to contact me if you'd like my help. My practice focuses on moms like you Otherwise, find someone near you if you can. And start in an non-emotional way thinking of all of the positive you can present in court and the negatives as to the dad. The stable home. The fact you have cared for him. The environment in which he'd live. They are all important. You should do OK.

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Profile Picture of niki moore

niki moore

Ken thank you so much for your advice and what you do at your practice. I however am about two hours from you otherwise I would hire you in a heartbeat. I want you to know your advice has taken some of the weight off my shoulders. Thank you agian for taking the time to talk to me, id recommend you to anyone in my situation! God bless

Profile Picture of Kenneth Petrini
Kenneth Petrini

Principal at None

If you have any other questions, e-mail directly. No charge. Happy to help.

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Profile Picture of Kenneth Petrini
Kenneth Petrini

Principal at None

Niki, e-mail me. I'd like to discuss privately.

Ken Petrini
petrinilaw@aol.com

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