(PA Support Law) Should this be taken into account when Support was established?

I have a situation that I want opinions on before I do anything to attempt to adjust it. [Names have been modified from their original name]



Ex-GF: Julie

Ex-GF Mother: Ruth

Myself: Chris

Son of Myself and Ex-GF: Carl



Currently, Ruth has Guardianship of Julie, due to her inability to understand what is going on around her. In this respect, she has guardianship of Carl. Myself (Chris) has been unable to see the child, and in fact had to pay to establish Paternity, because Ruth and Julie were trying to say there was a chance I wasn't. I was with a score of 99.99%. Anyway, now that that was established, we started a Support Conference. It went like this:



I make an average of $985 a month (based on approximately 9 or so months of check stubs, and averaged out as 6. I get only about 840). Julie makes an average of $0 a month, because she is unemployed [she gets Social Security for her "disability", but apparently that doesn't apply. Ruth's income wasn't taken into account. Therefore, I owe nearly $220 a month in child support, because of the way this was determined.



My question is, if I'm paying child support, is there any way I can demand to see my child?

AND

My other question is, shouldn't Ruth's income have been considered, seeing as how she is currently the guardian, paying all bills for him, and is the primary caregiver?(PA Support Law) Should this be taken into account when Support was established?
You need to be discussing this with a PA attorney and not here. You are paying support but you have not been granted parental visitation rights.



Ruth's income, in my opinion, should not be considered for determining your support payment. You are the father and she is a guardian. You are the one to provide the support since you are able to do so and not her. What she elects to do with her money is her choice and it is going to her daughter and grandchild as she is keeping them under her roof.



If you are unhappy with the situation why don't you file for custody of the child?(PA Support Law) Should this be taken into account when Support was established?
Child support and visitation are two completely different things. You pay child support because you are responsible for bringing a human being into this world and that child needs to be taken care of until it can do so on its own.



Visitation is treated almost like getting a driving license. You have the right to apply but if you mistreat that right it can be revoked. You need to get a lawyer and show the court that you are a responsible adult and it would benefit your child to be in their life.



I am sorry if thats not what you want to hear but I live in Pa also and went through something very similiar. Paying child support has absolutely nothing to do with visitation.



Your ex's mom has no interest in the case other than the fact that your ex gf cannot take care of herself and your child so she is there to do so. The court looks upon her as a blessing and are not going to tax her to take care of her daughters responsibility. If I were you, regardless of the hostility you have toward your gf's mom, I would get over it immediately. The court is not going to give you credit for badmouthing the only person who has been responsible up to this point.



Your best option would be to go for full custody if you can provide a positive atmosphere for the child. You are a closer blood relation to the child and obviously the only other possible person as close as you is mentally incapacitated.(PA Support Law) Should this be taken into account when Support was established?
Child support and Visitation and two (2) separate issues. You need to file with the court to establish your visitation rights. I don't know PA support laws, some States include both parents income and some do not. If she is the legal guardian, then yes she is the primary caregiver. If you need an example of what is fair and in the best interest of the child, check out Tennessee's Parenting Plan. I do believe that every State should follow thier lead. There would be less arguments between parents. It should always be about the child.