Legal Question in Family Law in Pennsylvania

I have shared custody of my children with their father. He found out that my fianc� has a criminal history from when he was in active addiction. He is currently a recovering addict and has been clean and sober for two years. He works full time and is a contributing member of society and takes care of his family. Because of his past my ex had the family court system court order my fianc� to not be allowed around my children; making life very difficult for us considering we have to live separately now and we have a baby on the way. The guardian ad litem that was appointed during our custody case met with my fianc� and told him she wasn't comfortable allowing him around my children because of his past offences and addiction. Can someone please help me figure out if this is discrimination against addiction and if there is anything we can do??


Asked on 7/04/14, 1:57 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Under the current custody law there are certain crimes that must disclosed when there is a custody action. Any adult in both household must disclose if they had been convicted certain crimes or had an involvement with children and youth. Now just because there was a conviction for a crime doesn't bar someone from being around a child. Each conviction needs to be evaluated to see how it affects custody. That said the evaluations are expensive.

{John}

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Answered on 7/04/14, 6:50 pm


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