Legal Question in Family Law in Pennsylvania

Child visitation

My husband and I are seperated, he states that he is filing for divorce due to financial issues he can't deal with meaning we are always broke.

We have been married since 2003 and he has helped me raise my 10 yr old daughter, NOT his biological daughter, for the past 9 yrs. He is the only father she has ever know or met for that matter. We have lived together since my daughter was 5. Can I request that he be made to have visitation with her. I am not seeking any sort of monetary support, just emoitional?


Asked on 12/27/07, 2:07 am

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: Child visitation

He would have standing to file a custody complaint. Even though he isn't the child's biological father he has standing due to his acting as a parent all those years. In such an action he would get custody rights such as partial custody that can be enforced by the court.

The key legal term of art is rights.

A right is the legal ability to do something. For example to vote. You may have a right and not exercise it. So you can vote or not they can not make you vote. Compare that to a duty such as jury duty. There if you don't show up they will come after you and make you show up.

So even though it might be in the best interest of the child for him to have a relationship with your daughter you can not make him have one.

That said you could have a custody order put in place confirming custody. So that he can not file later and try to impose a custody arrangement you might not like.

Here in Dauphin County all initial custody complaints go to a master. That is a meeting is held with both parties with their lawyers, if they have them, and a master tries to work out a custody arrangement that the parties agree to.

If an agreement is reached the master drafts the order for the court. The court then adopts it. If there is no agreement the master writes a report to the court outlining the issues. The matter is then set for a hearing in front of a Judge.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 12/27/07, 9:00 am


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