I currently have full custody of my kids and now file for child support, can their dad get his rights back?

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I currently have full custody of my kids and now file for child support, can their dad get his rights back?

I want to file for child support but am afraid their dad will petition for custody. He has a criminal record and children and youth were involved because he bruised my daughter but it went unfounded. Can he get rights back? I was granted full legal custody and their dad got 2 Sundays a month for a total of 6 hours. However he agreed to sign those away if I dropped support so I did. The court system seemed to be more concerned with 2 parents being involved over the welfare of my children. Dad also has mental health issues and was hospitalized for it.

Asked on February 17, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am assuming that you were not represented by counsel during this proceeding, correct?  Please do not make the same mistake twice.  Please seek legal help from legal aid or a legal services.  Now, it is unclear what exactly you signed and that reall matters.  Were his rights terminated?  Then so was his obligation to pay child support.  If they were not then you have to stop living in fear.  He can ask the court to grant custody and visitation at any time so do not fear filing for support.  And do not think that just because he files for custody and visitation the court will grant it.  But if they do you can try and limit it in time and with supervision.  Good luck. 


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