Legal Question in Family Law in Pennsylvania
Visitation
My fiancee and I separated approx. 2 months ago, We have 2 daughters together. There were allegations of abuse against me by her son which were deemed unfounded by Children and youth services. Since our separation began I have only be able to my daughters a few times and their mothers has moved to her parents house. She refuses to allow me to see our daughters yet there is no custody agreement yet. She is insisting that we can make an informal one which would be notarized before she will allow any visitation. If I were to sign such a document how would this affect my chances of gaining custody of my girls in the future? I feel that at this time I have no other recourse but to go along with this in order to see my daughters.
2 Answers from Attorneys
Re: Visitation
A notarized agreement would not be enforceable through the court. The longer you wait to take action, the more difficult it may be to get more time with your children. A court Order would protect your rights and be better for the children, as it will provide for a consistent schedule of time with you. This time of year is good, as it affords enough time to get into court before the holidays.
Please contct me if you wish to discuss further.
Re: Visitation
The signed agreement even notarized is not a court order. You would be better off attempting to come up with a permanent custody agreement and making a joint petition to the court asking the agreement be made an order of the court. If she refuses you should probably file for custody and her refusal to let you see the children could be used against her. I offer free consultations.
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