Legal Question in Family Law in Pennsylvania
My question is kind of a two part question. My boyfriend filed for custody/visitation rights recently..I'm not sure exactly when but I was just wondering how long it takes for the the papers he filed to go through the courts and what all is involved. The second pat of my question is, can his ex fiance, (the one he filed against and has two daughters with) keep him from seeing him if he's dating someone (me)? He and I have talked about it and he tells me not to worry but we haven't told many people that we are dating due to not knowing if she would do this. She knows I am a friend and I go to see him but not how often and doesn't know we are seeing each other. I'm sorry if I'm going into too much detail but I don't want her to do this to him. Right now they only argreed on visitation verbally and she gives him a rough time as it is. Thanks in advance
1 Answer from Attorneys
Its hard to say how long this will take. That would depend largely on what they are able to agree to and what stage of the game they are able to agree. If they can't agree on anything, then it could take six months to a year, however, he will likely be able to get an interim order in the mean time. The process includes an initial conciliation hearing, which is where the hearing office sees if everyone can agree on the terms, if not, then you will go through a hearing (generally in front of the same hearing officer), and then, if someone doesn't like what the hearing officer recommends, then that person will file exceptions to that report and oral arguments will be scheduled before a judge in the court of common pleas.
Him dating you should have no effect on the case, unless you are a danger to the child. If they can't agree and this goes to a hearing, you will likely need to testify. Since you are a part of this child's life, he will want to establish that you are a positive role model.
If he hasn't already retain a lawyer, he should do so asap. This can be a complicated process and it would be best to have someone on your side to navigate the legal system.
If he hasn't retained a lawyer and would like to discuss this further, feel free to contact me for a free phone consultation. I accept cases in your county.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
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