Legal Question in Family Law in Pennsylvania

My custody agreement in Pennsylvania states that the mother has primary physical custody but we have joint legal custody. I deploy in February 2012. As per the custody agreement, I have time with my son (20 months old) during certain hours over the upcoming Thanksgiving holiday, but it is stipulated in the agreement that the visitation is to be in the Harrisburg, PA area. I am an active duty soldier stationed at Ft. Bragg, NC. I just found out that I will have to be on-duty over the Thanksgiving holiday and will be unable to travel to Harrisburg. I pay $793 a month in child support to the mother. We have in the agreement that she and I can alter the agreement if we choose. She is stating she will not bring my son down to see me and therefore I will lose the time over Thanksgiving. It does not interfere with her work schedule and travel is not a risk to my son. Is there a provision with the Servicemembers Civil Relief Act or any other aspect of PA law that can entitle her to bring my son to me so that I may have the time with him as stipulated in the custody agreement?


Asked on 11/01/11, 1:19 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

First, whether Child Support is being paid is not relevant. Second, I don't think that the Servicemembers Civil Relief Act helps you either that generally provides that you can't be hauled into court. That said nothing to keep you from hauling someone else into court.

Court however won't provide you the relief you seek in time for this Thanksgiving.

Your best option is to see if you can substitute another weekend for Thanksgiving. If for some reason you can't then a custody action may be needed.

Feel free to contact me if you have any questions. The initial consultation is free.

{John}

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Answered on 11/02/11, 12:59 pm


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