Legal Question in Family Law in Pennsylvania

Rights of a Jailed father, never paid support

I had a child with a man 7 years ago. Hes been in jail since before the baby was born. He is due to get released next week. He has never paid support and I have full custody. He now expects to walk back into our lives and see my daughter whenever he wants. DOes he have this right, he told me I can go to jail if I dont allow him to see her.


Asked on 12/08/07, 10:13 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Rights of a Jailed father, never paid support

You asked about a father's right to see his child.

This is governed by court order. If you have an order of full custody without a provision of visitation then you do not need to provide visitation.

But you should get an attorney and see what modifications need to be made to protect yourself and the child and possibly provide for the rights of the child.

There is no likelihood that you will be sent to jail for refusing to allow a non-custodial parent to see his child. There is a small potential for jail if there was a custody order that permitted visitation and you wrongfully interfered with visitation (called contempt). But that is a long way off from where it seems you are now.

My recommendation is to retain an attorney and see about getting a retaining order or a protection from abuse order as the circumstances dictate. If you can't afford an attorney contact a local women's shelter or legal aid office to see if you can get assistance there.

Regards,

Roger

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Answered on 12/08/07, 12:14 pm


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