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child custody questions
State Pennsylvania
My friend had gotten primary custody of his daughter due to his wife ( they are in the process of divorce ) was on drugs , cheating , ran out of the court house before they even got in front of a judge. She filed for modification some time later and he still has primary custody but she was awarded every other weekend visitation. She does not work lives off a boyfriend. He works full time 3rd shift he is living with a sister who helps him with his daughter while he works in return he helps with bills and house work. She has child abuse allegations against her because the child told her teacher her mom abuses her the teacher had to report it. Cys says case will remain open for a year but they don't see any abuse at this time. The little is a bit hyper active father doesn't want he Ron medication mother does. Mother took her to see a doctor and the doctor said we can't even speak to you because of the custody order. She flipped filing a 3rd modification. In which the judge determined to leave as is for now but they have to come back in 6 months well they want him to get different hour job? How can they even consider giving her custody just because she says she doesn't want someone else watching her child. Punish him for being a provider ?
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The court will most always support the custodial parent when it comes to things such as health care and education. The reason for this is to remove these two very important segments of the child's life from being an instrument that the parents can quarrel over that is not in the best interest of the child.
Should the non-custodial parent think that the custodial parent is not providing proper child care or seeing to it that the child is sent to school. Then the non custodial parent can file an emergency request for a hearing on these items in front of a judge. The judge has the right to ask for Child Protective Services (CPS) to investigate and report to the court their findings. It is extremely rare if ever that CPS or the court would request or order a custodial adult to change jobs or work hours.
What the court would do in the case where the custodial parents work hours are seen to be a problem. The court could make a change in custody. This does not mean the other parent would get custody. The child could be come a ward of the court and placed in a foster home, a blood relative such as Aunt, Uncle or grandparent, in this case paternal, would be granted temporary custody.
IF your friend is properly providing for his father the court will not punish him based solely on the word of the mother.
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They have to consider what she has asked for. That's what the courts role is. Their entire job is to consider what citizens tell them and ask them for.
No one is trying to punish the father. They are trying to make sure the kids have access to their mother - so long as that mother can be responsible about that access. It's the kid's rights, not the mothers, that are being protected. If the mother can get her shit together than the kids have the right to have her a participant in their upbringing.
Are they going to give her custody? Probably not. Not with her background and not with her lack of compliance. Are they going to give her more access than she has now, including some imput into medical decisions? That is certainly possible. When children are this young courts tend to hope for the best when it comes to mothers.
The best thing you can do is be a friend to this father. Listen, and be supportive, but don't pretend to be an expert on the law or what he should do next. You can hate their mother all you want, but the courts don't hate anyone. The courts tries to keep both parents in a child's life.
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