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I have 50/50 custody. We switch m/w/f at 6. My 2.5 year old says she doesn't want to go to daddys. I'm also having a new baby.

Greensburg, PA |

She came home saying she wishes her sister would go away... when normally she is excited about her coming. I think her dad is saying negative things. Please help. I need a new attorney to help me. I have been through 2 that use up my retainer fee from other atty calling and hasseling my attys at the time.

Attorney Answers 4

  1. Custody litigation is a very expensive process and I hope you are successful in finding an attorney who can help you. If at all possible, you might consider using the services of a court certified custody mediator or working with collaborative attorneys.

    I am not sure what it is you are trying to accomplish, but you should know that the wishes of a 2.5 year old, absent clear and convincing evidence of abuse, will go unheeded. Children of this young age often say things they think each of their parents wants to hear. You and your ex might consider co-parenting counseling to help your daughter during her adjustments.

    In any event, most courts are finding shared physical custody to be best for children. Here in Montgomery County, the presumption is for 50=50 custody assuming both parents' schedules allow this.

    Good luck.

  2. Ultimately, the wishes of your 2.5 year old will have very little weight if any at all due to her age. The court looks at about 16 factors to see what is best for your daughter. Courts try to keep the relationship of the parents for the child, so aim for a 50/50 split. However, if it is clear there are issues that makes one parent unfit or not in the best interest of the child the court will take that into consideration. I would look to see if you can go through collaborative or conciliation so that you can agree without it going to a hearing and the Judge deciding what is best.

    If you need help finding an attorney, call you local bar association, they will have referrals who can help. Depending on your financial situation they may be able to offer an attorney either pro bono or reduced fee. Best of luck!

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  3. I handle custody cases routinely. I also have a sliding scale if you are lower income. Feel free to call.

    Jack Puskar
    Attorney at Law
    Pittsburgh, PA

  4. At 2 and half, she knows what mommy and daddy tell her. You should talk to daddy and explain the problem, that she says she doesn't want to go to her dad's and try to work together with love instead of lawyers.

    Of course there are more details than what you have posted here, but chances of the judge saying she doesn’t have to go to dad's are slim.

    You need honey, not vinegar to fix this, and yes, even with the "impossible" ex.

    Good luck and congratulations on the new baby.

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