More information is needed. Speak with a Philadelphia family lawyer.
This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between Mark D. Copoulos, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.
There is no way to really know the answer to this question. The facts given are not conducive to a yes or no answer. I suggest that you get a family law attorney and file a custody petition. These matters are always open for review. Things change in a dynamic family situation. The courts realize this and are willing to listen to any parent who will promote the best interest of the child.
PLEASE NOTE: Although legal information may be conveyed in my answer, the information must be considered as preliminary, general, incomplete, and not based upon a complete set of facts, unless the information requests the reader to obtain counsel. Avvo is a forum to obtain a preliminary working idea as to how to think about a problem; it is not "the answer (or solution)" to your problem. Information rendered on this forum doe not create an attorney-client relationship and, because it is published on the internet, is not confidential. If real confidential legal advice is desired, you must contact counsel directly and sign a retainer agreement. Legal advice is ONLY given in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers is never confidential, therefore, do not disclose any particulars of your case which may prejudice you in the future. I am only licensed in the States of Pennsylvania and NJ and cannot discuss matters in other states.