QUESTION

can a father keep the children from a mother if there is no court custody and parents are not married?

Asked on Mar 01st, 2013 on Family Law - Pennsylvania
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2 ANSWERS

Estate Planning Attorney serving Kingston, PA at Pyrah/Stevens LLC
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If there is no order of court, then a parent can keep children away from the other parent. Should a parent keep children from the other parent? No, but it happens. What can you do? You can file a petition or a complaint for custody in the county court where the children reside. The court thereafter will set a hearing or conference to address the issue of custody and to provide the parents with a court ordered schedule of custody. You have a right to be represented by legal counsel of your choice at the time of the hearing or conference.  If you cannot afford to hire a lawyer you may contact the legal services agency or lawyer referral agency in the county where you are filing the action. If a parent continues to deny the other parent his or her court ordered time with the children, now that parent can be brought before the court for contempt of the order of custody and be subject to penalty by the court which may include punishments such as a fine or even up 6 mos. incarceration.  Our firm has the knowledge and experience to help solve your custody legal problem.  If you wish to discuss your custody legal problem, please call us at 570-718-4900. Angela Stevens, Esq. Pyrah Stevens, LLC Problem/Solved.
Answered on Mar 04th, 2013 at 2:16 PM

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Adoption Law Attorney serving Easton, PA at Ellen S. Kingsley
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Yes.  If there is no custody order, there is nothing police or the courts can do to ensure that both parents have contact with the child.  However, you do not necessarily need to have a legal battle to establish custody.  If the parents agree to a custody arrangement, it can be done by a stipulation that you both sign and have made into an order of court.  One of you would need to start a custody action, but it does not have to be contentious.
Answered on Mar 03rd, 2013 at 7:00 AM

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