Legal Question in Family Law in Pennsylvania
I am looking for help with contempt for child custody in the state of PA. The noncustodial parent (mother) is supposed to have visitation every other weekend. The father feels very unsafe letting the child go with mother alone (drug and alcohol problems, and no address she stays on peoples couches) The Mother has not show up at meeting place (gas station) to pick up the child or ever call to ask if the father is going to be at the meet place for 1 year. The father has met the mother 3 times (thats all shes asked for ) supervised @ McDonalds and such so the child and mother can see each other and have time together. Is the father in Contempt? If the mother doesnt file for contempt for another year... will the judge see that the mother really doesnt have the best interests of the child at heart?
2 Answers from Attorneys
No one is in contempt. Mother's periods of partial custody are a right not a duty.
A right is something you are allowed to do but not required to do' Like voting you have the right to vote but if you don't know one drops by to make you. A duty is something you have to do. Like jury duty, fail to show up and you will be getting a visit.
No if mother fails to exercise her rights she does risks having he child support raised.
If father wants to change the custody order he would file for a modification.
{John}
The mother is not in contempt for the reasons that my colleague stated, above. However, the father should file a Petition to Modify Custody. You did not state if the mother's weekend visits entailed "sleepovers". If the mother has no permanent legal address, is sleeping on somebody's sofa, and has a problem with alcohol and drugs, you, as the father, should file a Petition to Modify Custody and suspend the mother's visits, at least temporarily, until she has a permanent address and she is tested for alcohol and/or drug dependence. This way, you will be certain that the child or children are not exposed to drugs or alcohol and if the visits entail overnight stays, you will know that they are staying with their mother in a drug-free and alcohol-free environment and not watching their mother sleeping on some stranger's sofa.
If you are the custodial parent, you should take the above steps right now because if you do not, this can be held against you at some point in the future. The Court will look to you as the non-custodial parent and tell say, "You knew what was going on and what your children were exposed to, yet you did nothing to change this situation." So, if you, as the non-custodial parent knows what is going on and what the child (or children) are exposed to and do nothing, you risk losing custody of the children. Your best bet is to consult with a Family Law Attorney and have the Attorney tell you what your rights and, more importantly, what your obligations are in these circumstances.
ANDREA G. TILLIS 610-259-2724
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