Legal Question in Family Law in Pennsylvania
noncustodial parent wants more than 6hr. per week
A custody order was drawn up but not executed in a court of law. I want her mother to have primary custody but would like to have more than 6hrs. per wk. The original custody order and temporary parenting plan at mediation awarded me more than this. I am told yes or no you can see your daughter. What would happen if I pick her up for my 6hrs and say I will bring her back tomorrow since she wants to spend the night? She has spent the night recently in my new house and all went well. I have had some mental issues all cared for and documented by a professional, as well as a freak legal issue. I have my own business, an 825 credit score, and feel I am a good citizen. My daughter is desperate to see me more. Her mother takes wonderful care of her and is a good woman. I feel if I were to say I am keeping her overnight, that if police action was not brought against me, then I would not see her again until the mother deemed it was okay if ever. My daughter is 11 and I try to keep her out of it. I always say you have the best mother. I stick to that even though character assassination happens to me and my daughter is made aware of it. I have such a positive impact on this child's life. It seems a crime to deprive her of this
1 Answer from Attorneys
Re: noncustodial parent wants more than 6hr. per week
There is no custody order?
Was there a divorce?
From what you say there was a proposed custody order. Why was this adopted by the court?
You only have the custody or visitation if the court orders it. You're a victim of the adage possession is 9 tenths of the law.
You need to get a custody order in place. Otherwise even the 6 hours you get now is subject to the mother's whim.
This is something you need to address NOW. Any significant delay will greatly reduce you chances of getting more time with you daughter.
Feel free to contact me. The initial consultation is free.
{John}