QUESTION
My friend moved out of her home w/son while husband was at work. She was told she can''t keep her son from him but he keeps asking 2 take him every day
Asked on May 03rd, 2012 on Family Law - Pennsylvania
More details to this question:
she was willing to have him go and see his dad but said her son is very confused right now with sleeping at different places every other night and its only the 1st week and her fear is that it is not stable for her son to have to keep going back and forth. what are her rights and can she tell the husband NO you can''t have him until the weekends because he has to get rest for school during the week? she is trying to hold off getting a lawyer as long as she can because she can''t afford one right now
1 ANSWER
Your friend needs to get a custody case going, be it with or without a lawyer. At present, neither party has any obligation to allow the other to have the children, so he could refuse to return them at any time and she can refuse to give them at any time. The best thing for them to do, if they are able, is to sit down and discuss what is in the best interest of their son and try to come up with an agreement that works for them all. Their son will adjust. Kids are flexible. Personally, I don't like an every other night schedule for the reasons you mention, but there are many other options for a shared custody schedule that make things easier on everyone, especially the child.
Answered on May 04th, 2012 at 12:38 PM