Legal Question in Family Law in Pennsylvania

visitation while child is hospitalized

me ex lives in pa with my daughter. i live in ga. my daughter was diagnosed with leukemia and is presently in the hospital(she is approx 5.5) My ex is trying to deny me the right to come visit my daughter in the hospital because it is stipulated that visitation can only occur with 15 day notice. i have joint legal custody. she has primary physical. can she deny a hospital visit? if i flew to pa can she legally bar me from visiting my daughter or does the hospital now have physical custody and she couldn't do anything?

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Asked on 10/30/03, 1:49 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: visitation while child is hospitalized

You should immediately consult with a local attorney who can review your divorce papers. If your divorce was in GA, I would bet that any judge in the county where the divorce was granted will sign some type of emergency modification of the visitation. If the divorce was in PA, you may need to seek an influential attorney there to go for the same relief. Also, I think that if you just showed up at the hospital with a CERTIFIED copy of the decree showing your joint legal custody, they would have a hard time refusing to let you in to see her. Good luck.

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Answered on 10/30/03, 3:48 pm


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