Can a Cop Deny Me from Seeing My Kids when I Called to Report Possible Abuse

[rowregreb]

My question involves a child custody case from the State of: Pennsylvania


Last night my kids called me in panic b/c their mother's boyfriend of 3 mos was violently cursing at them & swinging a large plastic sword at them as to possibly hit them. Note that my ex-wifes last relationship ended 3 mos ago w/2 active PFAs against that guy. I called 911 and myself drove to their house. It took 23 min and 3 phone calls to dispatch until an officer arrived(the police station is 1 mile from the house). Once there the cop lectured me about how I didnt call soon enough and during this time the house was completly pitch black as if someone turned off all the lights? You would think that he would have wanted to go straight to the house to make sure my kids were ok. He knocked on the door and then went inside for 5-10, determined there was no immediate danger. So he asked my kids in front of the person that was just yelling and acting crazy if they were ok. Does he think that the kids are going to say anything negative, no because they have to stay in the house with this guy still. I asked to see my kids in person and to take them out of the house to make sure for myself they were ok. The cop told me it was the boyfriend's decision whether or not I could see them b/c he had "rights" to the house. The boyfriend refused to let them come out, so the cop told me I couldn't see them and asked me to leave. My ex wife wasnt at home during this time. It seems a little crazy that I cant see my children to assure them everything will be ok.

The same thing happened with her last relationship. I called CPS and they came out for a home visit and told me nothing was wrong. A month later this guy abused my 10 yr old autistic son and beat the crap out of my ex. Now my ex wife has 2 PFA's against him. Any suggestions or comments would be greatly appreciated. Thanks so much. (No custody agreement between me or my ex wife).

[Disagreeable]

Unless you have visitation during the prescribed period of time, it appears you have no additional right to visitation, if not granted by a caregiver, on their property.

[shortie]

(No custody agreement between me or my ex wife).

Well, that would be your first issue. Why don't you start there and establish one.

[Dogmatique]

The cop didn't stop you from seeing the kids; it was more like you don't have an order to enforce.

[cdwjava]

My suggestion is that you go to court and seek a custody agreement that spells out rights and responsibilities, and who will have access to the children. Until then there is no court order to enforce and the police cannot compel anyone to do anything.

[passiondad]

even when there is a custody order in place it is at the police discrection to enforce or they can always say "its a civil matter" dont call the cops too much else you be in the "cry wolf" addage