Legal Question in Family Law in Pennsylvania

Visitation and gradndparent's right

My Father in law was seeking visitation for my two boys. He stated in the complaint that my eldest lived with him for a year. This is not true both our children have always lived with my husband and me. We filed a preliminary objection. We went in front of a judge. We agreed to a visitation every two months in a public place of our choice due to his anger outburst. We had three visits so far all at the mall. The last visit my father in law wanted to sit down and talk to my husband and I. We reminded him that the visitation was for the kids not us. He got upset saying he knows but he wants a relationship with us. And he does not want to be at the mall. We reminded him that the judge suggested the mall and he said this was all about the kids. He became enraged and he hit a metal display cart that hit me in my lower abdomen. We immediately went to leave fearful of his anger. He followed us threatening to take us to court. The kids are scared and do not want to see him. What should we do? He has now filed a petition to change the visitation to a sit down visit and threatening to file a contempt order, which would result in a warrant for our arrest.


Asked on 1/24/09, 1:11 pm

2 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

Re: Visitation and gradndparent's right

You should file an Response to his Petition setting forth the fact as they occurred. Include a New Matter asking the court to require him to enroll in anger management and, if the court deems future visits to be appropriate, request that they be held in a counselor's office to protect your child.

If you would like to discuss this matter further, feel free to contact me.

Jim

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Answered on 1/25/09, 12:51 pm
John Davidson Law Office of John A. Davidson

Re: Visitation and gradndparent's right

Not so fast. A contempt petition would result in you going back in front of the judge not your arrest.

I'm a bit confused. If you and your husband are in an intact marriage why does he have any right to force visitation?

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 1/24/09, 4:59 pm


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