Tag Archives: CUSTODY

Can I move from Pittsburgh with my daughter?

Q: My kid’s dad pays child support. We have no custody agreement through the courts though. His name is not on her birth certificate. What should I do if I need to move to be closer to my family or to move for better work opportunities? (Pittsburgh, PA)

A: There is a statute on relocation that needs to be followed. Notice must be provided. If you just pack up and leave with the child, the father can file an emergency motion and obtain a contempt order. I would consult with a child custody attorney before planning such move.

Do I have the right to visitation?

Q: My grandchild was with me every day for 10 or more hours a day. However, his mother and I had a disagreement and she’s now keeping him away from me. It’s been 3 VERY LONG MONTHS since I saw him. WHAT CAN I DO? (Pittsburgh, PA)

A: I would consider consulting with a family lawyer to determine if under your circumstances, you would qualify for grandparent visitation or custody in a court of law. The newly amended statute has changed the requirements for grandparents and/or great grandparents to prevail on a petition seeking partial custody or visitation. Now, a grandparent and/or great-grandparent may file for partial custody or visitation of a grandchild or great-children when: (1) his or her child is deceased; or (2) when the parents of the child have been separated for a period of at least 6 months or have commenced and continued divorce proceedings; or (3) the child has, for a period of at least 12 consecutive months, resided with the grandparent or great-grandparent and has been removed from his or her home by the child’s parents. Brief temporary absences of the grandchild from the residence are excusable. Again, it depends on the facts. Good luck.

What evidence do I need to prove a parent unfit?

Q: What type of evidence is needed in a custody case to show that one parent is unfit? The father does not have any prior arrests. All I have are texts from him talking about his drinking causing problems between us and saying that it was why he acted the way he did. I also have pictures he posted on social media where he punched a wall and broke his hand because he was mad. Is this enough to try for full custody of a baby? (Pittsburgh, PA)

A: No, that is probably not enough to get full custody. Drinking too much and punching holes in walls sounds like 50% of the litigants in Family Division. You need something more extreme, like if he subjects the child or is likely to subject the child to harm. For example, he drives drunk while baby is in the car or he passes out from drinking during visitation, etc.

Do I have rights to get my daughter home if her dad is in ICU?

Q: Our child does some weekends with her dad in Ohio, usually Friday and Saturday night. However, he’s in ICU for last 48 hours and will be at least 48 more. The child at a friend’s house and needs to be picked up Sunday morning. This is still fathers time. Can I, as the mother, pick her up at the friend’s house and bring her home with me to spend night? I have her 8 months of the year about. Father’s wife cannot tell the child where to spend the day/night if me, primary care Mother, thinks it’s best for her to just sit tight at home until dad out of ICU? Want to be sure I can go get her. (Wexford, PA)

A: Just a suggestion. This is not a good time to instigate a fight over custody. You will look like a jerk. I would need to read your custody agreement carefully. In every custody agreement there is an inference that a child may be in the company of a parent’s new spouse or partner, as part of normal life in their other home. I think you would be swimming up stream if you would take this in to Family Court with a motion. You may want to talk to the wife in a civil manner to see if she can work this out with you.

Will my son go to jail for simple assault?

Q: Back in March my son who has an anger management issue donkey kicked me down the basement steps and I sustained a fracture of my right heel. It was a very significant fracture necessitating surgery and the physician feels that I will continue to have issues the rest of my life because of it. He and his five-year-old daughter had been living with me and now that he was arrested he refuses to let me see my granddaughter. Will he have to pay the medical costs that I have incurred? Will I be awarded any pain and suffering? Will he be forced to let me see my granddaughter or will he get jail time? (Glassport, PA)

A: He is in criminal court. The only decisions will be if he is guilty and if so, does he get jail time or probation. Criminal Court can make anger management counseling part of his probation. Criminal court can order him to pay back restitution (in your case, out of pocket medical expenses) over the course of his probation. Criminal Court can order him to have no contact with you. Criminal Court cannot award pain and suffering. Criminal court cannot do anything with custody of visitation of your daughter. If he gets jail time, unless the mother of the child is able and willing to parent, you may be eligible to be awarded temporary custody in Family Court. You may want to contact a Family lawyer to ask in the event your son is incarcerated, or a no contact order is invoked, if you have standing to file for custody or visitation with your grandchild.

What constitutes harassment in a high conflict Child Custody case?

Q: I am in a high conflict custody case where the father is constantly in contempt for support and continuously tries to force his way back into our lives. He has several debts with me, most recently for an accident he had while driving one of my cars. I’m just trying to get him to acknowledge his debt or negotiate a way he will pay for the repairs. In doing so, he continuously tells me I am harassing him via email. And I constantly get emails from him that he is going to engage the ADA so we can talk about my problems which is comical at best. I continue to go out on a limb to support his relationship with his daughter – thanks to the courts forcing him on us in the first place after he was absent for 2 years. I shouldn’t have to babysit his time with her so giving him a car is seemingly my best option. I have recently filed for relocation with the court and will hopefully be able to put more distance between us and ultimately accountability on him where it belongs, but these threats of harassment are simply ridiculous. Any advice on how I can get in front of it by sending him a certified letter or anything? (Pitcairn, PA)

A: Keep the communications between the lawyers. If there are no lawyers, do what makes sense. Harassment requires communication for no legitimate purpose. If your emails are purely for legitimate reasons you should not have a problem. Save all your emails. If you need to send an important document, send it both certified mail, return receipt, and regular mail. Keep all copies of correspondence.

How can I get custody of my 14-month-old brother?

Q: Me and my fiancé have been taking care of my baby brother. My mom really doesn’t help. He has been at my house most of his life. For three months going on four months he hasn’t been at her house at all. She lost my two siblings to CYF. I have another brother who is with an uncle. She is supposed to go to drug classes and doesn’t because she feels she shouldn’t have to (that’s the only way she can see him). She comes over here and leaves and doesn’t take him, but when she gets mad she says give me my son or I’m filing kidnapping charges. I text her and ask her if she has food and diapers for him and she says no, she must go to the store (which she has been to plenty of times). She texts me and tells me she wants to die. I tried to 302 her but it was denied (I have no idea why) I need to keep my brother safe. What should I do? (Pittsburgh, PA)

A: I am wondering how she has custody of your brother with her CYF history, based on what you are saying about her condition and history. Perhaps you should try to reach out to CYF to see if they have an active case, or perhaps talk to the caseworker for the other children who apparently were dependent and in CYF care. If you can get their interest, and you want to put yourself forward as a potential placement resource, you need to have a suitable home and situation for a child. If CYF will not get involved for whatever reason, you might be able to file a petition for dependency and request that the child be placed with you. You can also seek the advice of a lawyer. If you cannot afford one, call the Allegheny County Bar Association. They may be able to advise you or refer you to an appropriate agency. If an emergency ever arises, you can also go to motions court through the pro se (self-representation) process and file an emergency motion for custody.

Can I appeal Mediator’s decision in child custody?

Q: I am in mediation for child custody. It is getting me NOWHERE! I am asking for spit custody, I end up with one weekend a month. How do I appeal the mediator’s decision? Do I file DE NOVO? What motion would I submit?

A: If you are referring to Allegheny County custody mediation, yes. The mediator only makes a recommendation. If you agree with it, you can enter a consent custody agreement with the other parent which is presented to a judge to sign off on. If you do not agree, you need to file a Praecipe for a Conciliation. The case will now be in the pipeline to a judge for conciliation first, then trial. I suggest that you hire a lawyer to navigate this for you.

Where do I stand as a father with mom and CYF?

Q: The mother of my child is hiding a wanted homicide suspect and has drugs out in the open. CYF goes in takes custody of my daughter. THE CYF lady calls me a day later tells me there is a shelter hearing. At the shelter hearing CYF said they don’t recommend me because my background checks haven’t come back yet. The judge awards me physical and legal custody anyway now they are basically bullying me into visits after mom threatened to take my daughter. Also, they are saying I have to do classes a “community conference” drug tests and a few other things. Do I have rights as a parent and person or do I have to go along with the show also can I fight so my daughter doesn’t go back to mom or is it up to CYF. (North Braddock, PA)

A: You absolutely have rights as a parent in the juvenile dependency action. You will do better with an attorney asserting those rights for you at the next shelter hearing or review hearing. There are not many attorneys who handle juvenile dependency but there are a few who know that system well. You may want to find one. If you are drug free let them test you as much as they want. Unless your clearances come back with child sex offenses or child lines, as a biological parent, you cannot be denied custody due to a criminal history. As pointed out by my colleague, you can file for custody as well. You can always go through Generations but you may want to initiate Family Division custody with a motion to your assigned judge.

Husband will not give my son back

Q: My husband who no longer lives with us took our son to spend time with him but won’t return him, how do I get him back? We live in Pennsylvania. My husband moved out in the first week of December last year. He is emotionally and physically abusive. I have had the chance to leave him several times but became one of those victims that always goes back. Well I am happy to say I am no longer going back. Yesterday, my husband showed up wanting to see our son so I let him. Now he won’t give him back. There is no custody order and no divorce papers, yet. How do I get back my son?

A:  You have to file for custody in court. Without a custody court order which spell out which parent has physical custody, which parent has visitation, etc., unfortunately, either parent can keep the child from the other parent, as harmful as that may be to the child. I would advise getting a lawyer. The lawyer can start the custody process. This would be by going to motions court and getting an emergency temporary custody order then simultaneously filing for custody mediation, which is mandatory in Allegheny County.