Legal Question in Family Law in Pennsylvania

If you have not gone to Family Court and received a child custody order issued by a Judge, this should be your first step. You would first need to think about the sort of contact you are seeking. What I mean to say is are you seeking constant interaction with your child like 50/50 care and custody? Or would you prefer once or twice a week or every other weekend contact and care of your child. Those questions speak to the physical custody types available in Pennsylvania. Know that in the eyes of the Law both parents would initially be given shared legal custody. Legal custody and physical custody merely mean this: Physical custody speaks to who has the child physicall, when and how often. Legal custody means who has the legal right to make decisions as it relates tot he child's well-being, such as; school attendance, religious affilation if any, medical appointments and procedures to name a few.

First decide how much contact you want to have with your child and then be prepared to file a Petition for Custody, if a Custody order exists presently, but as you say in your question you are not being permitted to see you child as contained in the order, you may be able to file a Petition for Contempt alleging that the mother is violating the Court Order. However, based on your question, I presumed there is no Court order in place.

Be aware that the parent who maintains physical cusotdy of the child and who can allege that he or she is the primary caretaker of the child, this parent may file for Child Support. You should hire an attorney who specializes in Family Law right away, to ensure your rights to see and parent your child are fully protected.

If I can be of further assistance please feel free to email me: [email protected]