Legal Question in Family Law in Pennsylvania
im writing this message for my sister that is currently locked up in the county prison for her 2nd d.u.i. she has partial joint custody of her son and gets him every other weekend.. when she wasnt in jail.. she is having problems with the father of her son.. he is tellin her that he wont let her have him over night.. which in the court order it says she can have him over night.. he told her if she doesnt agree he will go and get emergency custody.. she gets released on august 8th.. can he go and get emergency custody when there already is a court order.. her son aint in no harm.. he is well takin cared of.. can u please give me some advice about this situation???
2 Answer from Attorneys
He could file in court seeking a temporary modification of the order pending the outcome of a custody conference/hearing. Whether the court will grant his request is hard to say without knowing all of the facts. If she gets served with any sort of custody papers, I would suggest that she retain a lawyer right away.
If she doesn't have a lawyer respond to his motion then the likelyhood of the court granting his request goes up.
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