Legal Question in Family Law in Pennsylvania

father refuses to return child following his visitation

My wife and I live in Ohio and her ex husband lives in Pennsylvania. She has primary/physical custody of her 2 sons with her ex having partial custody/visitation. He only has contact with one son but not the other. He took one son for a week of visitation but did not return him and will not return phone calls.

We filed a police report and spoke to the police chief in PA. We were told that PA does not recognize parental abduction and we could file contempt charges by him breaking the custody agreement. We were told we have to have an attorney licesnsed to practice in PA.

In the meantime, he has filed for full custody of BOTH children claiming he can provide a more stable environment. Although, he hasn't seen one son in over a year and has made no attempt to build the relationship.

I work full time and own a small business in addition where my wife works. I am also member of the volunteer fire department. We do not own our own home, but we rent a nice house in a small community surrounded by friends and family. According to the police investigation her ex quit his job in May and we attempted to contact his wife at her job and she also quit. They live with her parents.

Should we be worried that he will get our sons?


Asked on 7/14/05, 11:51 am

1 Answer from Attorneys

Paul Stacom Law Offices of Paul J. Stacom

Re: father refuses to return child following his visitation

Does your wife have a custody order in Ohio of PA? Can file a contempte petition wherever Order originated. If here, please advise, and we can prepare the necessary paperwork. There is also the Federal Parental Kidnapping Act, that prevent parents from abducting their own children, in violation of the Order. The police have honor the order, or you may want to contact the FBI. I would take action ASAP in light if their quiting their jobs, by having a emergency contempt petition filed.

Paul Stacom, Esquire-267-496-0358

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Answered on 7/14/05, 12:57 pm


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