Legal Question in Family Law in Pennsylvania
Angered Father
I have been in a custody battle with my sons mother since around this time of last year. Since then, we have been to court 3 different times concerning custody. The first time everything was by mutual agreement with her having full physical and me partial physical custody. Later on this past spring, I took her back to court for contempt and to modify the order. It was granted and specific guidlines were established about visitation, but we were scheduled for trial in 2-3 months. The day My visitations were to start, my sons mother and her attorney got an Emergancy Petition to Modify the Court order to cancel my first week of visitation because she claimed my son was sick. Trial day came and after the Master saw that the two of us could not work together he modified the order to Give the both of us equal physical custody of our son. everything was split down the middle and the exchange was to begin that sunday. When sunday came, I called her and asked when can I expect our son. She said she'll get back to me. Later on she filed an emergancy PFA order against me and followed up with it the next day with a temporary PFA order to keep from giving my son to me. When her PFA is dismissed, can I sue her for defermation of character?
1 Answer from Attorneys
Re: Angered Father
No, allegations made in a petition are just that allegations. An allegation is a fact that must be proved by the party making the allegation.
I don't see how an emergency petition was justified to cancel your period of custody. That could have been worked out between the lawyers. Unless mom has money to waste on legal bills, there are simpler and cheaper ways of getting things done.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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