Page 1 of 2 1 2 LastLast
Results 1 to 10 of 29

Hybrid View

  1. #1
    Join Date
    Jan 2014
    Location
    Philadelphia, Pennsylvania, United States
    Posts
    4

    Default No Contact With Child Permitted Prior to Custody Hearing

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

    The mother of my eight-year-old son has petition for primary custody physical and legal on October 4, 2013 without without mentioning anything to me. Not saying that she has to, but given previous circumstances it would've been an expected courtesy. The hearing is scheduled for 14 September 2014, but she separating my son and I. I'm not allowed to see or speak to him at all we have to sleep the text each other sleeping talk to each other and if she finds out we are both in trouble. I haven't spoken or seen my son in length since early September. His mother and I had a disagreement with led o an argument that month. Prior to this disagreement then led to me cutting her off financially if it wasn't involved with my son, her and I communicated every day, I spoke 2 so my son every day, I was heavily involved in his school and school work, as well as sports and recreational activities. We miss and love each other I want to see my son she won't tell me why can't see him, she won't speak to me at all. I don't want to go to some ugly custody battle nor my son 2 go through it. I just want to see my boy, is been 8 yrs been divorced for seven never had to go to this before. this is all out of spite. my question is can she legally prevent me from seeing speaking to my Boy like this all the way until the healing?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Hearing Isn't Until September. Why Can't I See or Speak to My Son

    Without a court order in place, Mom basically controls.

  3. #3

    Default Re: Hearing Isn't Until September. Why Can't I See or Speak to My Son

    I disagree, they are divorced without a custody order, he can see his son anytime he wants. Go to the school and pickup your son! Take him out to dinner, work on homework with him before/after dinner. Legally, the police will not get involved in a civil issue like this, if you go to her home to pick up your son, she CAN just say no. If you go to the school, the after school activities and she's not there, without a court order, you have as much right to see him as she does.

    Why did YOU stop being heavily involved in his school, school work, recreational activities and sports? That was YOU not her! YOU can still talk to his teachers, go to his sporting events, talk to his coaches and be involved in his recreational activities, legally, without a court order, she can't stop YOU from being involved in your childs life. YOU are to blame for missing those things, not her.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Hearing Isn't Until September. Why Can't I See or Speak to My Son

    Sometimes y'know, there are occasions where the parents need to worry less about their own feelings and actually - gasp! - think of the kid once in awhile.

    In the OP's case, it's already contentious. You want to stress the kid out even more? knock yourself out. Put him in the middle.

  5. #5

    Default Re: Hearing Isn't Until September. Why Can't I See or Speak to My Son

    Quote Quoting Dogmatique
    View Post
    Sometimes y'know, there are occasions where the parents need to worry less about their own feelings and actually - gasp! - think of the kid once in awhile.

    In the OP's case, it's already contentious. You want to stress the kid out even more? knock yourself out. Put him in the middle.
    So ignoring the law and give him incorrect information is the right thing to do? This forum is called expertLAW after all. The contentious situation was caused by the mother, not the OP. I don't know about you, but i don't think telling a parent to abandon their child for 6-8 months is ok, just because the other parent has a chip on their shoulder. A child, especially a child who has a parent that would treat him like this, needs the other parent in their life more then anything at this point.

    I'm sorry, but if one parent is too immature and selfish to do what is best for the child, that doesn't mean that the other parent should just let the child get treated like this! It is a parents job to protect their children.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Hearing Isn't Until September. Why Can't I See or Speak to My Son

    Quote Quoting FatherKnowsBest
    View Post
    So ignoring the law and give him incorrect information is the right thing to do? .

    There is no law actually preventing Mom from holding off access until there's a court order.

    I was, and am, correct.

    Of course, we've been given limited information. Please remember that in future.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: No Contact With Child Permitted Prior to Custody Hearing

    Quote Quoting Nosce
    View Post
    The mother of my eight-year-old son has petition for primary custody physical and legal on October 4, 2013 without without mentioning anything to me.
    Should we infer that you were never married to the mother? That you have chosen for eight years to never formalize custody, visitation or child support? Were you living together or not and, if so, when? What precipitated the mother's decision to seek a custody order? When and how was paternity established?

    Have you sought a temporary order pertaining to access to the child in advance of the hearing? Has any such order been issued? If not, why not?
    Quote Quoting Nosce
    I'm not allowed to see or speak to him at all we have to sleep the text each other sleeping talk to each other and if she finds out we are both in trouble.
    This is per mom's wishes? The temporary custody order? A protective order? Something else?

  8. #8

    Default Re: No Contact With Child Permitted Prior to Custody Hearing

    Quote Quoting Mr. Knowitall
    View Post
    Should we infer that you were never married to the mother?
    He stated they were divorced in the OP. It sounds like parents were getting along fine until recently and neither had filed for a formal order because of it. While, this isn't uncommon, it's not something thats recommended. Without a formal order either parent could have picked up the child at anytime and refused the other contact until a formal order is in place. The father is seeing that now.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: No Contact With Child Permitted Prior to Custody Hearing

    If they divorced after the child was conceived or born, there should be a child custody and visitation order in effect. We are being told that there was not, so presumably there are additional facts in play.

  10. #10
    Join Date
    May 2010
    Posts
    201

    Default Re: No Contact With Child Permitted Prior to Custody Hearing

    Quote Quoting Nosce
    View Post
    My question involves a child custody case from the State of: Pennsylvania

    The mother of my eight-year-old son
    So the child is 8 yo?

    His mother and I had a disagreement with led o an argument that month. Prior to this disagreement then led to me cutting her off financially if it wasn't involved with my son
    Is there a court order for childsupport? Did you arbitrarily decide to stop paying on something court ordered?

    is been 8 yrs been divorced for seven
    So we're you married to mom at the time of birth?

    And as previously asked, is there any kind of court ordered custody?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Custody and Visitation Issues: What Can I Use in Child Custody Hearing
    By Hayaku in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 12-07-2012, 05:55 AM
  2. Custody and Visitation Issues: Can Parents Skip Custody Hearing when Giving Custody of a Child to a Family Member
    By prstormtrooper in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 06-21-2012, 11:13 AM
  3. Modification of Custody: Ex-Parte for Custody by Abuser Prior to Domestic Violence Hearing
    By td76 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 07-27-2011, 08:56 PM
  4. Mother Limiting Visitation Prior to Custody Hearing in Iowa
    By bluedolphin in forum Child Custody, Support and Visitation
    Replies: 8
    Last Post: 09-05-2007, 04:23 PM
  5. Establishing Custody Where NCP Has Never Had Contact With The Child
    By CharliesMama in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-29-2007, 11:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources