Legal Question in Family Law in Pennsylvania
My ex is trying to hold me in contempt of custody, I have full custody of our daughter and a pfa that is still in effect for the next 15 months. I received a letter from the court saying that the custody modifications would not be discussed at the court date on February 5. I called the court house to find out what was going on they told me about the court date but my ex never served me with any papers, so my question is; do I have to go to the court that day without being properly served?
1 Answer from Attorneys
It is difficult to give you a complete Answer based on the facts you have given. However, it would not be in your best interests to be absent from Court that day. You always have the opportunity to contest lack of service as the reason for any issue for which you are not prepared.
The Court always seeks to promote "the best interests of the child" and this includes spending time with both parents. Normally, if a PFA is in effect in favor of the custodial parent, but does not also name the child, then the PFA protects only the parent for whose benefit the PFA was entered. Unless a PFA specifically prohibits the non-custodial parent from communicating with the minor, the PFA will not affect the non-custodial parent's visitation rights and it is up to the custodial parent to make the child available to spend time with the non-custodial parent. Failure to do so might subject the custodial parent to an action for alienation of affections by the non-custodial parent.
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