Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Two years ago my pregnant drug abusing ex-girlfriend left Pennsylvania to go home to Kentucky to go to rehab. When my son (who I wasn’t sure was mine) was born, he had drugs in his system. I have done a paternity test and the child is mine, but it was not a test that is recognized by the court. Recently the Mother has been charged with neglect for drug use. She lied in court and said she knew nothing about my whereabouts or how to contact me. I have proof on my phone that she called me that night. They awarded partial custody to her live-in boyfriend (who has felonies and she also claimed he was the step-father when they are not married). The system clearly had my information to order child support, and I also received a letter after the fact, informing me of her charges. How could the Judge go by her lie when the system had my information? I have begun custody proceedings through her caseworker, which is supposed to take 6 months. Is there a way to inform the judge that she lied in court and have custody removed from her boyfriend? Basically nothing has changed, the child is still in the home in the same environment that they were concerned about in the first place. I was also told that because of what she said I have no rights to any access to my son at this time. So basically, the only right I have is to pay child support! Do I have any rights? Is there such a thing as an emergency hearing because she lied?
You can file an ex-parte for custody pending your hearing date. You will have to demonstrate to the court why the child should be placed in your custody temporarily pending the custody hearing date. Make sure you work with legal counsel. Hiring an experienced child custody attorney can make sure your parental rights are protected and increase your chances of obtaining custody. Since the boyfriend is not married to your ex-girlfriend, and he has no parental rights (example – he is not on the birth certificate), your child custody request will likely be granted.
