Legal Question in Family Law in Pennsylvania
Our daughter is separated from her husband - he left her in January when she was 3 months pregnant. She had the baby 2 weeks ago and suddenly now the husband wants to visit the baby mostly on his schedule.
What legal leverage does our daughter have to limit the husband's visits? She is breast feeding and is still trying to get adjusted to being a new mom so she does have her plate full! She will be filing for divorce sa soon as possible but, in the meantime, what obligation does she have to her husband who made it clear in January that he didn't want to be a father and didn't want to be married to her?
2 Answers from Attorneys
Until there is a court order or written agreement, neither party has a legal obligation to allow the other to have "visitation". In fact, if she allowed the father to take the child and he failed to return him/her, your daughter would have no recourse other than to file an emergency custody petition with the Montgomery County Court.
I would be happy to schedule a no obligation appointment to discuss all of her options, including how to get support for her child.
Please contact me at the number below.
Jim Flood
If there is no court order, you do not have to permit visits. I would recommend that you file a custody complaint with the court to confirm that you have custody of the child, so as to avoid his taking the child and not returning her. I assume your daughter has also filed for child support?
Please contact me if you would like to schedule a free 1/2 consultation at one of my 6 office locations, including Center City.
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