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I have a few questions regarding custody. I need pointed in…

Customer Question
Hi, I have a...

Hi, I have a few questions regarding custody. I need pointed in the right direction asap.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Pennsylvania

Lawyer's Assistant: Has anything been filed or reported?

We have a court date set for January 18th

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't really think. I just need to know if I can get in trouble if I am not allowing them to stay with him overnight or for extended hours. I am letting him see them, I just didn't want them staying there without me around. He was just incarcerated.

Submitted: 6 months ago.Category: Legal
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12/19/2017
Lawyer: Dwayne B., Attorney replied 6 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 6 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Lawyer: Dwayne B., Attorney replied 6 months ago

Is there an order already in place in which a judge gives "him" visitation?

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Customer reply replied 6 months ago
No.
Lawyer: Dwayne B., Attorney replied 6 months ago

Then you shouldn't get into trouble. The only way you can get into trouble would be if you were ignoring a court order.

You want to make sure he gets some time with them at Christmas and over the holidays, just so it doesn't cast you in a bad light, but without an order there are no long term repercussions as long as he is getting some visitation.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 6 months ago
I asked him before if he wanted to go to an attorney ourselves and have paperwork done together and he said yes. I asked him what kind of visitations and what days and how he wanted to do custody and between his family and him, all they did was scream about wanting to see the kids and get them and how they didn't understand why I was being so difficult. He was just incarcerated. I would rather have the agreement on paper to ensure he doesn't just keep them from me when before he went to jail, he didn't contact me for 2 months to see how they were doing or to even spend time with them. Now that I am not letting them stay there, he is telling me that I am keeping the kids from him. I don't think he realized when he went to the courthouse that it would take so long to get a date set up. He's been asking about seeing them and he tells me I'm running in circles with my words when he usually waits until the day of to ask or he asks for a time and day that I have a doctor's appointment for my current pregnancy or I am unable to make it. He lives almost 45 minutes away and my car is having some problems. I drive my car to work and appointments to ensure it doesn't leave me anywhere. I just don't know what to do. He keeps telling me I am keeping them from him and ive agreed to let him see them, but I don't want them staying there. I am to the point with how rude they are when I do talk to them, I don't even want to take my kids around unless I would have to.
Lawyer: Dwayne B., Attorney replied 6 months ago

Once the court enters the order then they must be obeyed, but you can certainly ask that he pick the children up, drop them off, and that he must give you some amount of notice (usually 72 hours) if he doesn't intend to exercise visitation.

The problem with letting him have visitation without an order is that if he just keeps them, there is really nothing you can do until you get to court. In the meantime, letting him have any visitation will likely be all right with the court. The only time I've seen judges get upset is when one parent just refuses to let the other parent see the children at all when they're waiting for an order.

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Lawyer: Dwayne B., Attorney replied 6 months ago

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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