Child Custody Issues

[ed19627]

What is the name of your state (only U.S. law)? PA

Hello, I have been trying to figure out a good way to go about getting custody of my 2 children. I have tried for the last month to go about getting help or what not. I went to legal aid and they stated "household" income was to high for me to get legal help. I dont have a job.

Anyway the situation goes as follows. I was thrown out last month from the ex's place by the police. Reason she had some guy she didn't know for 10 yrs move into the house. She knew and hasn't talked to for 10 years and all of a sudden started talking to him like 4 days before this day went down.

I told her it wasn't good for the kids to have this guy here and this and that. anyway he got in my face, she called the police cause I was going to take the kids with me when I left. They told me to keep them there cause they had school the next day.(she didn't send them to school.)

::EDIT::

Prior to me doing this I have asked her countless times to let me have time with the kids. I would like to set up some time to pick the kids up and spend time with them. She ignores me or her boyfreind gets in my face about it. This is the reason I am trying to get custody of them.

::End Edit::

Anyway its been about a month or so, I have been to the custody court and tried and failed at the papers they told me to fill out cause I cant understand most of it. I need help filling the papers out.

I am doing this because every time i go see the kids she either tells me they at some party or lie about whatever or just calls the police on me.

There is no custody order for the kids I am trying to get that started right now.. but its just hard for me.

 

[Humusluvr]

Here is some general reading for you:

OCSE STATE PROFILE - View Page

Who's income in your household did the legal aid base your income on?

What is the general problem you are having with the paperwork?

 

[ed19627]

They counted the persons income I am currently staying with until I get on my feet. (Soon as I get a job I have to pay her for rent or get my own place which I am trying to do now.)
I was the stay at home father prior to this break up so things are bad for me in looking for a job. Since my oldest kid was born I took only sparatic jobs to cover xmas and his bday.

Its how they word things that I cant get a handle on. it seems greek or something that i cant understand. I tried filling it out and turning it in but the custody court said it wasn't good enough.

 

[Humusluvr]

They counted the persons income I am currently staying with until I get on my feet. (Soon as I get a job I have to pay her for rent or get my own place which I am trying to do now.)
I was the stay at home father prior to this break up so things are bad for me in looking for a job. Since my oldest kid was born I took only sparatic jobs to cover xmas and his bday.

Its how they word things that I cant get a handle on. it seems greek or something that i cant understand. I tried filling it out and turning it in but the custody court said it wasn't good enough.

Get the papers again, fill them out line for line, and go turn them back in. If the clerk says there's a problem, take a highlighter or sticky note to show where the problem is, then fix it and turn it back in.

Who are you staying with? New girlfriend?

You may not get a glamorous job, but get one now. Gas station or fast food or whatever. It will look much better for you if you work.

And, you most likely will not get "custody." You will get visitation.

Did the incident lead to a conviction? Do you have a criminal record? Domestic Violence?

 

[ed19627]

Get the papers again, fill them out line for line, and go turn them back in. If the clerk says there's a problem, take a highlighter or sticky note to show where the problem is, then fix it and turn it back in.

Ok I have a copy on the PC of what they need from thier site.

Who are you staying with? New girlfriend?

No someone who is just helping me till I get a place of my own. She dont want me on the street.

You may not get a glamorous job, but get one now. Gas station or fast food or whatever. It will look much better for you if you work.

Agreed, cant fight there.

And, you most likely will not get "custody." You will get visitation.

Why is this? I was the primary caretaker of the kids since they were born. I was the one to take them to appts, fun, whatever. Also my kid states that he really don't like it where he is.(more on this maybe later.)

Did the incident lead to a conviction? Do you have a criminal record? Domestic Violence?

No it didn't, the cops where cool about things except they didn't throw her man in jail for hitting me a few times.

For this incident no, since i don't even think there was a report. I have a past but it is when i was 18/19ish.

And no I don't have a history of domestic abuse.

 

[Humusluvr]

Why is this? I was the primary caretaker of the kids since they were born. I was the one to take them to appts, fun, whatever. Also my kid states that he really don't like it where he is.(more on this maybe later.)

The kids are staying with mom in the home where they have lived, correct?

And mom is caring for them now?

And you technically are homeless?

I could be wrong, but I see you getting visitation, not "custody." Where are you going to take them? How are you going to support them?

 

[Isis1]

when you leave the home with the kids there, you are declaring yourself as the non-custodial parent. doesn't matter if you took care of them 24/7 for 10 years straight. when you walk out that door without the children, you declare mom a fit parent as things are. i've been there, i know.

the only way for you to gain custody, is if mom did something incredibly stupid to the children. and you haven't stated such.

you should have insisted on the police report for you being assualted. you didn't. allowed the police to mediate and went about your way.

 

[ed19627]

The cop incident I had no control over, They made me leave with out the kids. I couldn't do anything about it unless I wanted to goto jail. I told them I wanted to take them with me. The police went on about them going to school the next day or whatever.

I did state he hit me but the 2 of them went on about it was a lie and the marks didn't show up till a day or so later.

I am not homeless, I have a place to stay, i can stay as long as I like. I do have some things that she has been doing to the kids that aren't to helpful for them but like you said. something extremely stupid.