Legal Question in Family Law in Pennsylvania
visitation of daughter
My husband left when I was pregnant. He has seen our daughter twice and she is now six months old. Both times he had me meet him somewhere and didn't hold the baby or anything.
Because of his violent history I don't encourage visitation nor do I invite him to my home.
My husband and I have a divorce in process but no divorce agreement or final divorce decree. His papers that he filed for divorce do not mention our daughter at all.
Can he just show up and demand to take her for a visit? Does he need to go through a lawyer for visitation or is it just a given since we are still married?
2 Answers from Attorneys
Re: visitation of daughter
You need to get a custody order in place. Without an order specifying legal custody, primary physical custody and partial custody there is nothing to keep him from taking the child. Further if you were to seek child support having a custody order is vital to proving the child lives with you.
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{John}
Re: visitation of daughter
Since you and your husband are separated, you should file a Petition to Confirm Custody. You want to court to grant you sole physical custody with only supervised visitation to your husband. To be granted sole custody, you have to meet a pretty high burden. Thus, you will have to show how your husband's violent past makes it improper for him to be granted partial custody and, that his violent history makes it necessary that all visitation with the children be supervised.