Legal Question in Family Law in Pennsylvania

Re: Served for custody while incarcerated

As a parent you have a right to request visitation. You would have to file a petition for visitation with the court.

Re: Served for custody while incarcerated

You have left too many questions unanswered. For example, did the divorce decree give you any rights or restrict the father? If so, then he may have violated the decree and you might be able to bring an enforcement action against him. If the decree did not give you any rights, then you could file a petition now and try to get them. Given a previous mental hospitalization, you might have to settle for supervised visits at first.

As to getting her back, that would be difficult at this time unless you can prove that there is a problem with the current custody. Also, since the child is, or soon will be, 10 years old, she will be able to designate the parent that she wants to live with and the judge has to take it into consideration (but the best interest of the child will still control).

Also, look at the divorce decree. If you were ordered to pay child support, then you might have a large arrearage. If so, contact an attorney immediately. Violation of a court order can be punished by contempt and you could be facing jail time.

If you are in the Austin area, call my office for an appointment if you would like to discuss this further. Whoever you get to represent you, take the decree and all other documents to him or her in order to improve your initial visit and save you money.

Good luck.