Legal Question in Family Law in Pennsylvania
This question is regarding a custody order in Schuylkill County, PA. I have have continuous contempt hearings petitions filed against my ex-wife for her failure to comply with court ordered child custody order. Her attorney fees are being paid by her parents & thus far, with penalties, the courts have been, shall I say, OVERLY lenient, considering her consistancy in denyiny custodial rights despite being held in contempt in the past. Her mother, who is the 'caregiver' & most often present @ the time of transfer for visitation will walk out of the house with this 10 year old while he yells across the yard that he's not going to come with us & they will walk back into the house. We feel strongly, given the history, we need to filr charges against the caregiver for interferring with the court order in addition to the contemp charges against the mother in order t get this behavior to stop once & for all. Are.the any precedences in Pennsylvania for filing against a caregiver and/or a grandparent interfering i
1 Answer from Attorneys
It's been my experience that the courts in Schuylkill County do NOT punish contempt of custody very severely.
The sad fact is that the caregiver is not a party to the order and there for can't be punished directly. That said the party with custody at the time is responsible to see the order is followed regardless of whether that person or anyone else is giving care to the child.
You would be filing against the other parent.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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