Any Knowledge About Current Custody Laws???

Updated on July 23, 2007
N.H. asks from Edgewater, MD
4 answers

I'm wondering if anyone has recently been through a custody battle. I have a two year old daughter, and now that I'm getting married to someone who lives a few hours away in MD, her father is threatening to either take her away from me or keep me from moving. I have no problem letting him see her any time, so her relationship with her father is not at stake. But I am absolutely broke, can't find a job here, and am losing my apartment because I can't pay rent anymore. Getting married would be the start of a much better life for both of us. I have only asked him for $200 a month support because I was afraid that he would start a custody battle and I just can't even imagine being without my daughter. I had always heard that the courts in PA favor the child staying with her mother, but the information I've found online says otherwise. Has anyone been through anything similar recently? Or even know anything about custody laws? Obviously I can't afford a lawyer and he can so I'm terrified. PS, I'm a wonderful mother and have never done drugs or been arrested or even had a speeding ticket, so that won't be an issue.

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H.F.

answers from Pittsburgh on

I'm not sure which part of PA you are in. I live in the Pittsburgh Area. The Women's Shelter offers free legal service. Also, you can get a free attorney through legal aid.

My friend had been having problems regarding custody of her daughters and leaving the state. Perhaps you can talk to your ex about working out a custody agreement that works for both of you. If you have an agreement worked out in writing and approved/notarized through the courts perhaps your ex will be more understanding of your needing to move. He may insist that you agree to abide by custody arrangements/agreements/disputes being settled in Pennsylvania.

In the meantime, please check into free legal aid in your area. I do know that if you leave the state with your daughter, your ex can have the courts force you to come back. There is a special form you can file to get permission from the courts to leave the state but that can take months as well.

I wish I had better news for you. Your best bet is to seek out free legal aid. Good luck with your custody issues and with your impending marriage.

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J.M.

answers from Pittsburgh on

hey,

Going to try to help you out, are you from allegheny county? Thats all I really know about................If you are interested I will get you the exact info that you need, my hubby and I are in the middle of a court battle, but it takes FOREVER!!!! He went down to the court house and had to show proof of income and I think 2 years taxes to see if you are eligable for a cut in the cost. We had to pay $50 for everything. You then go to an education meeting, then you go to generations, where you will sit in front of a mediator and try to work some kind of arragement out with the fater, if you are unable to come to an agreement, then you are sent to some kind of other court figure. We had a free attorney for this, due to income. The attorney tries to help you come to an agreement, now we are at the next step waiting for a judge because they could not agree to something, but in the mean time, we have an interim order in place.

Make sure you talk about EVERYTHING at court.

What time is pick up, and where
Who will have the child what holidays
who will pay for the health insurance

we are struggling with so many topics that were not discussed at court and it sucks!

Hope I was of some help! If you need more let me know

I think it is Tues or Thurs morning only that you can file for the low-income thing!

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H.B.

answers from Pittsburgh on

I am from Pa and was told anything more than 30 mins away i would have to either drive my kids back for every visit or be made to stay.And they look at the bigger picture like, a stable home,her own room,two parent homes ect... I am sorry but depending how far you are trying to go with your daughter a judge could stop you. they do try and keep the kids with the mom yes but allow dads to 50/50 custody and with that no support off either parent. you need to call the free legal services and get someone to help you. I hope everything goes the way you hope for. congrats on getting married.

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A.K.

answers from Pittsburgh on

hi i went through it too so i know ur scared but don't be u can go down to the family court house and file papers to get full custody of ur daughter i had i lawyer but she even told me i can do it my self . i got full custody of my daughter with out a problem. he father use to say the same things it's alot of talk if u'd like to talk u can email me @ ____@____.com good luck and keep ur head up

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