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My ex husband filed for custody of our 7yo son over 2 years ago - He has never kept the children for allotted visitation.

Asked over 2 years ago - East Stroudsburg, PA

I have 2 reports from psychs stating my son's issues are directly related to his father. He fails to pay the full court ordered child support, does not provide medical insurance, has never taken my son to a doctor or visited his school. Has never paid for hald of medical expenses as court ordered to. He is also a habitual marijuana smoker since the age of 13. Our older son lives with him because we moved out of state. Since my older son has been there he has failed 2 classes having to go to summer school and continues do do poorly.

I have been arrested a few times for deposit account fraud - Once spending 2 weeks in jail in which the father did not help my mother at all care for the children.

I have moved out of state because he threatened to "eliminate me" What are chances of losing

Additional information
My son is the only one in history that has a particular medical condition which my ex won't even acknowledge.

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Attorney answers (1)

Stephen J. O'Brien

Reputation Level 14

Answered over 2 years ago. Employee Benefits Lawyer in Pittsburgh, PA.

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From your description, it appears that you and the children's father both have issues. The court must look at what's in the best interest of the children. It will is likely that the court will base its decision upon home evaluations conducted by court arranged evaluations, which you both will be responsible to pay. You did not mention if the 2 reports from psychs were part of this process or privately retained. My suggestion is that you must be able to show the court that you are not a risk to the children. Your deposit fraud arrests will be harshly viewed, expecially if recent. His drug use will also be harshly view. You need to show the court that you've straighten out and that he hasn't. HIs poor history of following through on visitation will not help his chances, unless his arguement is based upon avoiding conflict with you during such visitation.
You should definitely have an attorney and follow the advice given.

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