Legal Question in Family Law in Pennsylvania
What to do until court order is in place?
I have a custody issue with my 2 week old preemie son. The father and I agreed on every other week, Mon, Wed, Fri and Sunday for three hours verbally. I want an order of court on this because I don't trust him and if he takes him, without an order in place, I have no recourse. I drafted up a visitation agreement and he refuses to sign it so I have to file for a Custody Complaint with the court. Can I tell the father that the visitation is off until there is a court order in place and not let him in my home (where all vistations take place)? Or do I have to let him see the child without a court order in place?
1 Answer from Attorneys
Re: What to do until court order is in place?
In Dauphin County all custody complaints where there is no existing order go to a Custody Conciliator. This is a meeting between the parties and a Custody Master where you try to work out an agreement. If an agreement is reached the master draws up an order and the court signs off on it. If you don't then a hearing is scheduled.
Given that there is no Custody Order in place then you do not have to allow for visitation. That said he can also file for a Custody Order. to force visitation.
If you have any questions feel free to contact me, the initial consultation is free.
{John}