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Pennsylvania, child custody question. A unmarried Women and

Pennsylvania, child custody question. A unmarried...
Pennsylvania, child custody question.
A unmarried Women and man have a 3yr old child with shared custody. The order states that on the evenings the father has the child he is to drop the child off at a Preschool that was agreed upon, on record, during the court ordered hearing.
Father has refused to drop the child off at the Preschool and will only drop the child off at the home of a unlicensed daycare provider, aka "babysitter"
After continually refusing to abide by the court order the Mother arrived at the "babysitters" home and after the father dropped their son off, she took the son to the Preschool. (Court ordered location.)
The father is threatening to have the Mother charged with kidnapping, which I can only imagine that being a threat that has no basis.
What can the Mother legally do to prevent the father from continuing to ignore the order and leave the child with the "babysitter." Is he technically breaking any laws by leaving the child with someone that is unlicensed, and putting the child in danger by leaving him with someone whose background and history is unknown?
Since the father refuses to abide by the court order, the
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Answered in 5 minutes by:
9/25/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,173
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this;

when a person is in violation of a court order, that person can be held in contempt. Contempt requires a finding that the person had knowledge of the court order, and they willfully (intentionally) violated it.

If that standard is met, the court can issue the following contempt sanctions:

1. daily fines for non compliance

2. award of attorney fees and court costs

3. jail time if court believes that will compel compliance

4. modification of custody/visitation if parent continues to violate court orders.

It is not illegal for a parent to leave a child with an unlicensed care provider; nor is it kidnapping for a parent to remove a child from a location they are not supposed to be at that is contrary to a valid court order.

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Customer reply replied 2 months ago
it is not "illegal" for him to leave the child there? But it is a violation of the court order?
I am assuming it is illegal for a individual to run a unlicensed daycare service in her home?

Yes, that is correct; an "illegal" action requires violation of a penal code and there is none to that effect;

but a violation of a court order is punishable by contempt.

There are regulations governing daycare - please see:

http://www.dhs.pa.gov/provider/earlylearning/childcareregulations/

so they only apply if there are a certain number of children there.

That deals with licensing/regulation however; it is not a penal (criminal) code violation unless there is abuse/neglect.

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

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Thank you and take care.

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Customer reply replied 2 months ago
Thank you for your help. I appreciate your time.
What form should I be using to file a complaint or court motion regarding the father?

You are welcome;

It would be a motion for contempt; some court clerks have packets available at the court house; otherwise a law library has sample templates that can be used (usually since contempt issues are fact specific they don't always have pro forma fill in the blank forms)

Good luck to you on this!

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Customer reply replied 2 months ago
The form I was able to get online from the court website is
Petition for contempt of custody
As that right?

Yes that is correct!

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

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