mardi 1 septembre 2015

Establishing an Order: What is the Typical Outcome of a Custody Case Between Unwed Parents

My question involves a child custody case from the State of: PA

I am going to be as brief as I can and stick to the facts of the matter:

Five year old child born out of wedlock in PA. Father signed, acknowledged the birth in the hospital. The relationship between father and mother ended when child was 6 months old.

Father has not shown much interest in said child, he was unhappy with the unplanned pregnancy. He visits when he wishes, unless other plans were made prior to his visit request. The mother does do her best to facilitate visits, however, if the father does not get his way he threatens either to withhold support or threatens to sue for custody. This has happened repeatedly and there are e mail and text trails saved to support these threats.

By not getting his way; it means that the father stayed at a friends house where there was no set up to have a baby stay there. The refrigerator didn't work, there was no safe sleeping arrangement, he had no car seat, and did not attempt to purchase things to set up even the most basic "nursery". He expected to be able to take the baby for extended hours and overnights. Mom said no, he could visit at the baby's home and mom would leave if he felt uncomfortable, or meet at a park, museum, etc.

Father visits for the most part, 1 weekend day per month for approximately 6 hours. Occasionally he will visit for 4 hours one weekend day and 4 hours the other weekend day. The child has never spent an overnight with the father.

When the child was 4 months old the mother asked for some financial support, a small amount, around $300 per month as the need wasn't great for an infant. Father is a professional white collar degreed person with substantial earning potential.
When child was 3 the father moved 3 1/2 hours away without informing mother.

Mother has not filed for any formal child support or custody because if she does, father will sue for custody. He will ask for 50%. He has threatened more than 4 times to sue but never has followed through.

Father has never been involved (by asking or otherwise) in medical decisions, child care, schooling, activities, religion, etc.

Mother knows she is foolish for not establishing custody up to this point. Her FEAR is once she gets the ball rolling he will push for more involvement than he has ever wanted in order to save money on support payments which would more than double, and take visitation time he really doesn't want to hurt the mom.

I understand that the PA courts are very pro-fathers. Mom's hope is that they would be reasonable and require steps to work up to overnight and extended visits.

Is this a realistic expectation, increased visits and lengths of visits working up to local overnights over time before permitting a weekend visit almost 4 hours from home?

What typically is the judgement for custody in this type situation?

The child is surrounded by immediate family, extended friends and male role-models. Child knows that the father is the father but doesn't quite grasp the meaning because he has never been an involved part of child's life. Mom is afraid a joint-custody situation happening too fast would create emotional problems in a really well adjusted child.

Advice? Should Mom bite the bullet and file for custody and support?


Establishing an Order: What is the Typical Outcome of a Custody Case Between Unwed Parents

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