Hello all,
Let me start by saying,this site is a godsend!I recently(like yesterday)went through a custody counsilation.Maybe a little history is in order,I have been a single dad for 5 years.In that time my x has had some life difficulties (jobs,bills,general life stress stuff)resulting in my son comming to live with me, and he has lived withed me since Oct 1992.
Back to the present,she recently has found a good man this time after several failed attempts,and now wants to take my son from my physical custody,and thus removing him from his friends and school (that he's doing extreamly well in ..we are talking honors kid!! **soo proud!!**
My son does not want to go,I have to force him to go visit with her,he sees this as devistation,and I truely think that it will not serve his "best intrest".
Any help would be terrific!!

How old is your son? If he is old enough he can choose which parent he wants to live with. You can find out from your state.

i'm guessing 1992 is a typo. if not older kids can choose which parent they want to live with. if you meant 2002, well i wouldn't worry to much either. If you've had custody for that long and all is well, it would be very rare for the courts to uproot a child from school and friends.

jakesDAD welcome to the site. It is a little confusing, 1992 and the profile says he's 8 so guessing that you did mean 2002? Most times a change of child custody is brought on by a "significant change in circumstances" having to do with the custodial parent's situation becoming detrimental to the child. If you've had him this long and he's thriving where he's at, which it seems he is, I would think the court would be hesitant to change things. As long as you have been follwowing through with visitation as well, whether he's wanting to go or not. The court's also take into consideration who is more likely to promote visitation with the other parent.
Oh, I'm also assuming there was already a court order in place that you have primary custody already?
http://www.child-support-collections.com/support-laws/p...ild-support-law.html
http://www.child-support-collections.com/support-laws/p...ild-support-law.html

Jake's DAd,

:welcome:

iksse and Don are right. Unless the judge is out of his or her mind, he or she would never uproot a child doing well. You have had residential custody this long and he is thriving; don't be afraid. Yes, by all means watch your p's and q's but, do not fear. A change at this point would be a major upset in the child's life.

I am happy you found us here. There are some very wonderful people here. Please jump in, ask more advice, give some yourself, and join the fun.

hello and thank you,please excuse my typo's i had come home from a custody counsilers meeting the day before and sleep was lacking ,stress was HIGH and was completly taken back.It was 2002 thats correct.
Ok maybe some more facts are in order,I do so apprectiate your help and advice!!thank you so much!!
When jake came to live with me,it took about a month to suspend and vacate the support order,as she was doing so poorly I did not file a support order,not knowing that there was a difference in custody and support I thought that hes was now in my physical custody,however I found out when i went to apply for public assisted insurance for him that by mearly changing the support order,I only stopped the support and no record of a change in physical custody was on record !!I filed a pettition for a to change court order,and thats what hearing I had just came out of,to wich she brought a lawyer,I won physical custody(YAY) but only temporarily as her lawyer was quick to have this added to the launguage.. that starting one week after school is out jacob will live with mom,for the summer,and there are pushing for a change of physical custody in the fall and trying to remove him from his present school,I had no idea she was planning this and hhonestly I was in shock and speachless ,her visitation was sporatic at best!! and she really never payed support for the child or did she offer to start during the session and now she's going full on mom...I left there feeling sexually discriminated against,and that anything i said was negated i have since talked to a few friends for who have calmed me down and focused me ,to the task at hand.
oh and thanks yjl279 i believe that pa only takes input from the child and considers the childs opinion at any age here in pa ,i was told the age was 12 by a friend but not sure i also heard that there is no age till 18 where i child can decide wich parent he lives with,I have a consiltation with a lawyer this monday,i will ask and report back to you all. thanks again you are truley wonderfull people ,and i am so glad i found you
David

No real help, but just stay strong and fight like heck going in!

http://www.nlsa.us/public/family/fam3_custody.htm

look under what factors the judge considers. these two stand right out.

3.) Status Quo. If the child has been with the party for a long period of time and is doing well, the Court is reluctant to uproot the child and place the child in the care of someone else.

7.) Preference of the child. The amount of weight given to the preference of a child depends on the age of the child and the reasons given by the child.


hope this helps, if the judge follows the law you have him.