QUESTION
Is he in his legal right to come here and take the child if he gets out of jail, or can she deny him that right since he has been arrested?
Asked on Apr 24th, 2015 on Child Custody - Pennsylvania
More details to this question:
My girlfriend has shared custody with her ex. The exchange is every three weeks. There is an active arrest warrant for him, and he will be arrested this Saturday when we are supposed to return her. When he is arrested, obviously we will bring the child home with us. She is going to file an expedited custody change because of his charges. Can she do this legally?
1 ANSWER
3 Awards
Not enough facts here to really answer. He most likely will make bond and be out. If she wants to use his arrest as a reason to file an Emergency Petition for Custody, it may not change things. He would have to be arrested for a pretty serious offense that would tend to put the child at risk, such as sexual assault charges against a minor, to reduce his visits to supervised custody. She should go over the entire case with a lawyer.
Answered on Apr 29th, 2015 at 8:53 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900