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Is it really next to impossible to gain physical custody of my children from their mother in the state of PA?

Asked almost 3 years ago - Pittsburgh, PA

Just about everyone I speak with tells me that unless the mother is proven to be on drugs or has been arrested it is next to impossible to gain physical custody. I want my 2 boys to come live with me. They are 11 years old. Their mother and I cannot agree on anything. She does not raise them in a manner that I see fit. She works at a bar and lives next to it. My children are there way too much. She has multiple 'boyfriends". Who are old enough to be her father. One who is her 'sugar daddy'. She leaves the kids alone while at the bar working or drinking. She neglects their basic hygene. I want custody of them but can't afford an attoney because I pay her almost half of my salary in child support. Can I get custody or am I just chasing a dream?

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Alan James Brinkmeier

Reputation Level 20

Answered almost 3 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Family law judges routinely will award custody rights contingent with the best interest of the children involved.

In your state some of the statistics about father custody rights are collected and can be viewed by clicking this link.

http://www.divorce-lawyer-source.com/divorce/pe...

I do not practice in PA (I am in Chicago, IL) but I do know that father custody rights attitudes are changing. Alone, you likely cannot seek a change, so you really need a lawyer. Some PA family law lawyers offer a free consultation so check to see if you can affiliate with one.

There are a lot of added details that you will need to go over with a lawyer you hire to properly advise you on this situation which could be difficult but not impossible.

Good luck to you.

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Margery Ellen Golant

Reputation Level 18

Answered almost 3 years ago. Foreclosure Attorney in Boca Raton, FL.

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I do not agree at all with the "everyones" who are giving you this information. It is definitely NOT next to impossible for a fathrer to gain physical custody, but it is next to impossible for an unrepresented party to prevail in litigation. There is a reason why people hire attorneys - and it is virtually never that they have more money than they know what to do with. Litigation is a higly specialized project, that cannot go well without a knowledgable attorney who is a specialist in that tuyp of litigation.

The court is obligated to considera all the details of the situation to determine what outcome is in the best interests of the children. You have not said anything aobut the details of your own situation or of your relatiionship and interaction with your children, all of which is aslo of great importance.

You are not going to be able to make a persuasive case on your own, even if the facts support you. Litigation is simply not feasible by people acting pro se, other than in Small claims court, which is geared for that and only involves small amounts of money.

Contact your county bar association to see if there is a legal adi agency who can assist you, or if there is any mechanism in your area for attorneys to help you on a pro bono basis.

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