Emergency custody

[diamond0116]

I am in Pennsylvania, My husband is looking to try for custody of my stepson. However, he is almost 14 yrs old and we are having a very difficult time finding a lawyer to help us. The mother already lost custody of her other son. (long story). Is there anything we can do?:dunno:

 

[Duranie]

Who has the child now if mom lost custody?

 

[irish223]

The fact that she lost custody of one son doesn't necessarily mean that she will lose custody of your stepson.

Your husband will have to prove that there is a significant change in circumstances since the original order to get custody. The judge may also consider the child's preference.

If you're having a hard time finding a lawyer who will help, it may be that you don't really have a case to file for custody.

 

[diamond0116]

My stepson was with us for about 5 years before he wanted to try to stay with her for a while. The problem is that she lets him do anything that he wants. My husband feels as though his environment is not safe. So now he has been with her about 8 months. Her youngest son that she lost custody of resides with his father (not my husband). Somehow he proved her to be unfit. Now, there was never a custody order for my stepson. Would that be an issue as well?

 

[irish223]

Was your husband married to the mother, or if not, is he the legal father? Why didn't they ever get a custody order?

If your husband is the legal father, either through marriage or signing the AOP or paternity test, then I don't see any reason he can't file for custody.

Why are you having trouble finding a lawyer for this?

 

[diamond0116]

Yes my husband is the legal father. They were never married, but the problem is that from what I was told from a few lawyers is that we let him live with her for more than 6 months and also that we should not have let him go with her at all unless she filed for custody. My husband only let him go because he wanted to "see what it was like" to finally live with his mother. Now he is so out of control. He went from honor student to having to go to summer school to pass his last grade. Also, his age could be a factor because he can speak for himself as to where he wants to be. My husband feels as though his hands are tied.