Legal Question in Family Law in Pennsylvania


my problem is that i have been separated from my wife for almost 2 years. she had had an affair with a co-worker and we had separated.i have since gotten a girlfriend and have been living with her for over a ex denies my parenting time when ever she wants. i have since filed 3 civil contempt orders. it has been over 3 months and still nothing. then if you call the police to help enforce the order they say it is a civil matter and they can not get involved.but if i was to not give them to her it would be kidnapping, how is that right? i am suppose to have my children for the holidays.they are split. it is written that way in the court order. holiday schedule (for example) in odd numbered years (like 2011)father shall have custody from 2:00 pm on thanksgiving till 5:00p.m. day before school resumes. she will refuse to give them to me because she says if i have work she does not want them around my girlfriend,(but kids are left alone with her boyfriend).my girlfriend is not unfit in any way and has 4 children of her own.she says,which it does in order that"except for regularly scheduled day care, if a custodial parent requires child care,they will first offer the non-custodial parent the opportunity to provide such care,before asking any other party to provide such care. " i thought that my time that is scheduled is my time?also, that a girlfriend may be considered as a step parent not child care in this case or am i wrong? and does this mean that every time she goes out and leave the kids with her boyfriend that i must be afforded first opportunity to watch the kids?do i have to return my children if i have work?the kids do want to stay with my girlfriend.can you please help me with these issues?

Asked on 11/24/11, 8:15 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Where is your lawyer? To enforce the custody order is to file for contempt in the Court of Common Pleas in your county. Until you do mother will thumb her nose at the order.

If you have any questions feel free to contact me. The initial consultation is free.


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Answered on 11/25/11, 6:44 am

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