I want to get full custody of my son. My ex's family is behind me due to drug issues do I need a lawyer

Hi, There are two issues here.

First- Is there a custody order in place? If so, keep reading. If not, you should consult an attorney.

The main issue here is whether or not your ex will consent to a change in the custody order. If she will consent, then you may be able to proceed without an attorney. It really depends on how comfortable you are with drafting a new agreement and going to motions court on your own.

If she is agreeable to a change, it would be possible for you to draft a new agreement (using you old agreement as a guide) that just changes the physical custody schedule (giving you primary physical custody and her partial physical custody)-- There are a lot of pitfalls in doing this... and I wouldn't recommend it unless you have absolutely no way to afford an attorney (Legal Services (legal aid) handles family law primarily, and may be an option depending on your income level).

Law schools often have free legal clinics, which can provide you with some assistance as well.

The main problem is that there are differences between legal and physical custody, etc. The custody agreement would need to be drafted differently, depending on what she would be willing to agree to. You may be able to find a young attorney who is willing to just draft the agreement for you, and allow you to go to court on your own to have it approved, saving you a substantial amount of money (A lawyer should only need 1 to 2 hours to draft such an agreement-- newer attorneys who have some family law experience would be able to handle this task, and most here in Southwestern PA bill in the $100-$125/hr range-It's probably safe to assume similar rates in York).

Now, if she is unwilling to allow you to take primary custody, you still may be able to proceed without a lawyer or with a minimal amount of legal advice. You would have to find out the procedure for requesting a custody modification in your county. You would be given a hearing date. These hearings are generally held before a custody hearing officer and are somewhat informal. If she was not represented by counsel, you could get through the hearing by questioning your own witnesses, etc.

After that, the hearing officer will make a ruling, which either side can appeal to a judge for a full blown custody trial. If it ends up at that stage, it would be inadvisable to proceed without an attorney.

It is also possible to involve children and youth---I do not recommend injecting CYS into your affairs unless you feel your son is in imminent danger. CYS has a way of becoming way more involved than is necessary, and often this leads to the side who loses custody constantly calling CYS on the other parent (CYS is legally obligated to investigate all reports--this can be far more headache than you can begin to imagine). Plus if CYS were to take the child from his mother, there's a chance he could be placed into foster while CYS straightens things out, another worry you probably don't want.

The short of it is that you will likely at least need to consult with an attorney. If she is agreeable, I would recommend hiring an attorney to draft it and point you in the right direction, as far as filing and procedure goes. This will help you save money.

If she doesn't want to willingly give you custody, you may need an attorney. Depending on your situation, legal services/legal aid can be a good option, as they handle a lot of family law cases and the attorneys there are usually very good at what they do. It will be impossible (for all practical purposes) to get through the process without at least some legal advice. Worse still, if she gets an attorney (and it sounds like she'd definitely qualify for legal aid), you would be at a huge disadvantage without one.

Having her family willing to testify if a huge help. Good luck.