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Pennsylvania Laws

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huntingmomma

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania


my question is. I have a Custody agreement with my daughters grandparents, that they have custody of my daughter, with the agreement that they will not take me for child support. I recent received papers from Domestic Relations that I am being sued for child support. With the court ordered agreement, will this hold up? also, it states that if grandparents seek child support or file order in Domestic Relations the order will be void. Can I go pick up my daughter now??
 
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Just Blue

Senior Member
Why do the GP's have custody? How long has the child been in their care? Why do you think you shouldn't support your child?
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Pennsylvania


my question is. I have a Custody agreement with my daughters grandparents, that they have custody of my daughter, with the agreement that they will not take me for child support. I recent received papers from Domestic Relations that I am being sued for child support. With the court ordered agreement, will this hold up? also, it states that if grandparents seek child support or file order in Domestic Relations the order will be void. Can I go pick up my daughter now??
The court order stating that the grandparents will not sue for child support is UNENFORCEABLE. Where is the child's OTHER parent? Is the agreement court ordered? You probably cannot just go pick up with your child.
 

huntingmomma

Junior Member
My daughter is with my parents due to she didn't want to live with me and follow my rules anymore, plus I had just had a baby and she was getting into alot of trouble and causing alot of problems for me and my husband. (my parents wanted her to act out so me and my husband would fight all the time and end up getting divorced, that was there plan) There is alot more to the story but I'd be typing forever. My parents promised her the world. Promised her money and everything, something I couldn't give her. So we had a court ordered custody agreement drawn up by an attorney, stating that my parents would be responsible for everything, just in case she got in trouble, people would not be able to sue me. They agreed that they would not seek child support from me. If my daughter needs anything, I get it for her, within reason. I still see her now and then and I told her if she needs anything, I would get it for her, all she had to do is ask. It's not like I don't take care of her even though she doesn't live with me. But in the court order it states that they voluntarily agree that they would not seek support or the court order would be null and void and the child would come back to me. I don't know if this order is going to be legal when the child support hearing comes around. please help. any info is helpful. Thanks
 

Isis1

Senior Member
My daughter is with my parents due to she didn't want to live with me and follow my rules anymore, plus I had just had a baby and she was getting into alot of trouble and causing alot of problems for me and my husband. (my parents wanted her to act out so me and my husband would fight all the time and end up getting divorced, that was there plan) There is alot more to the story but I'd be typing forever. My parents promised her the world. Promised her money and everything, something I couldn't give her. So we had a court ordered custody agreement drawn up by an attorney, stating that my parents would be responsible for everything, just in case she got in trouble, people would not be able to sue me. They agreed that they would not seek child support from me. If my daughter needs anything, I get it for her, within reason. I still see her now and then and I told her if she needs anything, I would get it for her, all she had to do is ask. It's not like I don't take care of her even though she doesn't live with me. But in the court order it states that they voluntarily agree that they would not seek support or the court order would be null and void and the child would come back to me. I don't know if this order is going to be legal when the child support hearing comes around. please help. any info is helpful. Thanks
you cannot go pick up your child. you don't have custody of her anymore. that supposed "i'll never have to pay child support" clause in unforceable. just like OG said.
 

Ohiogal

Queen Bee
My daughter is with my parents due to she didn't want to live with me and follow my rules anymore, plus I had just had a baby and she was getting into alot of trouble and causing alot of problems for me and my husband. (my parents wanted her to act out so me and my husband would fight all the time and end up getting divorced, that was there plan) There is alot more to the story but I'd be typing forever. My parents promised her the world. Promised her money and everything, something I couldn't give her. So we had a court ordered custody agreement drawn up by an attorney, stating that my parents would be responsible for everything, just in case she got in trouble, people would not be able to sue me. They agreed that they would not seek child support from me. If my daughter needs anything, I get it for her, within reason. I still see her now and then and I told her if she needs anything, I would get it for her, all she had to do is ask. It's not like I don't take care of her even though she doesn't live with me. But in the court order it states that they voluntarily agree that they would not seek support or the court order would be null and void and the child would come back to me. I don't know if this order is going to be legal when the child support hearing comes around. please help. any info is helpful. Thanks
The bolded will be stricken (severed if you will) from the court order. It is NOT enforceable. It is against public policy. The custody will remain. YOU will have to prove a significant change in the life of the child to regain custody -- or grandma would have to agree to return custody to you. Your attorney should have told you that it was against public policy to put such a clause like that in your order and that it would be void.
 

huntingmomma

Junior Member
Thanks for all this info...

If the court order is not enforceable, then how come I can't regain custody of her, if this supposedly doesn't exist..My attorney never informed me of this. Is it possible to sue the attorney for misleading me???
 

Isis1

Senior Member
Thanks for all this info...

If the court order is not enforceable, then how come I can't regain custody of her, if this supposedly doesn't exist..My attorney never informed me of this. Is it possible to sue the attorney for misleading me???
the court order is enforcible. the clause stating "no child support to be paid" is NOT enforcible.
 

Ohiogal

Queen Bee
Thanks for all this info...

If the court order is not enforceable, then how come I can't regain custody of her, if this supposedly doesn't exist..My attorney never informed me of this. Is it possible to sue the attorney for misleading me???
The court order is enforceable. The clause regarding child support is NOT enforceable. What is the CLAUSE regarding child support -- word for word, type it here.
 

ecmst12

Senior Member
The REST of the court order is enforceable and you would need to show a change in circumstance in the CHILD'S life in order to change custody back to you.
 

Just Blue

Senior Member
My daughter is with my parents due to she didn't want to live with me and follow my rules anymore, plus I had just had a baby and she was getting into alot of trouble and causing alot of problems for me and my husband. (my parents wanted her to act out so me and my husband would fight all the time and end up getting divorced, that was there plan) There is alot more to the story but I'd be typing forever. My parents promised her the world. Promised her money and everything, something I couldn't give her. So we had a court ordered custody agreement drawn up by an attorney, stating that my parents would be responsible for everything, just in case she got in trouble, people would not be able to sue me. They agreed that they would not seek child support from me. If my daughter needs anything, I get it for her, within reason. I still see her now and then and I told her if she needs anything, I would get it for her, all she had to do is ask. It's not like I don't take care of her even though she doesn't live with me. But in the court order it states that they voluntarily agree that they would not seek support or the court order would be null and void and the child would come back to me. I don't know if this order is going to be legal when the child support hearing comes around. please help. any info is helpful. Thanks

What a POS.
 

Proserpina

Senior Member
My daughter is with my parents due to she didn't want to live with me and follow my rules anymore, plus I had just had a baby and she was getting into alot of trouble and causing alot of problems for me and my husband. (my parents wanted her to act out so me and my husband would fight all the time and end up getting divorced, that was there plan) There is alot more to the story but I'd be typing forever. My parents promised her the world. Promised her money and everything, something I couldn't give her. So we had a court ordered custody agreement drawn up by an attorney, stating that my parents would be responsible for everything, just in case she got in trouble, people would not be able to sue me. They agreed that they would not seek child support from me. If my daughter needs anything, I get it for her, within reason. I still see her now and then and I told her if she needs anything, I would get it for her, all she had to do is ask. It's not like I don't take care of her even though she doesn't live with me. But in the court order it states that they voluntarily agree that they would not seek support or the court order would be null and void and the child would come back to me. I don't know if this order is going to be legal when the child support hearing comes around. please help. any info is helpful. Thanks

Surely if your marriage was strong whatever you think your grandparents were attempting to do wouldn't have mattered?!?!?!
:eek:


I hope this child is in counseling - it may well appear that her mother chose the new husband and new baby over her.
 
My daughter is with my parents due to she didn't want to live with me and follow my rules anymore, plus I had just had a baby and she was getting into alot of trouble and causing alot of problems for me and my husband
really youre kidding me right??? i have FOUR CHILDREN a stepson, my own daughter, a 1yr old and another one due in march.....you mean to tell you are incapable of being a mother and taking the responsibility for your child?? you are absolutely unable to control your OWN CHILD???

(my parents wanted her to act out so me and my husband would fight all the time and end up getting divorced, that was there plan) There is alot more to the story but I'd be typing forever.
sorry but i was involved in a grandparent custody/visitation case myself, while i know some grandparents are evil and manipulative, what you've said above and below only shows you are the only one to blame for your situation...

My parents promised her the world. Promised her money and everything, something I couldn't give her.
my childs grand mother tried to spoil my child rotten by buying anything she wanted and giving her anything she wanted, sorry i love my daughter but in my house you EARN WHAT YOU GET....my child does great in school and is a great help with her baby sister so i entertain her requests as i am able to but NOT just "because" but yes i will sacrifice and work overtime to make they have everything they need and MOST of what they WANT..

So we had a court ordered custody agreement drawn up by an attorney, stating that my parents would be responsible for everything, just in case she got in trouble, people would not be able to sue me. They agreed that they would not seek child support from me.
oh nice so you can say youre the mommy without any of the responsibility**************...

If my daughter needs anything, I get it for her, within reason. I still see her now and then and I told her if she needs anything, I would get it for her, all she had to do is ask. It's not like I don't take care of her even though she doesn't live with me.
once again...craptastic parenting are you kidding me??? i had to fight to get my own MOTHER off my butt b/c she was trying to take custody of my daughter from me for STUPID MADE UP CRAP yet you just go off and give your child away b/c its too hard???.... i cant stand parents like YOU, once again....women LIKE YOU are the ones the cause the legislation that gets created which SCREWS OVER honest hard working parents with these ridiculous grandparent custody and visitation statutes...

to answer to your post:

1-legally you have to show that a change in custody is warranted by clear and convincing evidence....which you have none

2-a custody change made on the best interest standards is exactly that, what the COURT WILL THINK IS IN THE BEST INTERESTS, not what YOU THINK.... myself and many others on here from NY can attest to that crappy line in our states laws....and PA is one of the WORST states for grandparent cases besides NY and OH, good luck with that.....

3-not to mention if you AGREED TO THAT CUSTODY order, it was ordered on consent and signed off by the judge, to modify that order now you are going to have to show a HUUUUUUGE BURDEN OF PROOF to overturn that consented order....which you also dont have.....

4-YOU HAVE NOTHING TO WARRANT A CHANGE IN CUSTODY go pay a lawyer to waste your money and time in court if you dont believe the many law guardians, lawyers and paralegals on here....or members that have gone through grandparent cases....

sorry i dont care how hard anything is, i would never willingly give up my child b/c she is being "difficult" and is apparently spoiled from how you make it sound....you only have yourself to blame for everything, much like in my own case i have only myself to blame for allowing my childs grandmother to sucker me into thinking she was only "trying to help her daughter out".....
 
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