New Kensington, PA asked in Child Custody and Family Law for Pennsylvania

Q: Can my wife legally keep me from seeing my daughter , she abandoned me & the house and took her and wont let me see her

My wife left three days ago abandoning me and our house taking our kids and pets away. Since them I have tried contacting her asking to spend time and see my (our) daughter and she threatens me with a pfa if I try to come near her dads house where they are staying . Is that legal there is no custody order in place . She is very depressed and has been off her meds since we had our daughter 4 years ago

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2 Lawyer Answers
Ryan L Hyde
Ryan L Hyde
Answered
  • Exton , PA
  • Licensed in Pennsylvania

A: Is it legal? Yes. As you pointed out there is no custody order, which means there is no legal requirement she let you see them. Morally what she is doing probably isnt right. I s0uspect there are a whole lot of facts you are leaving out. Talk to a local family attorney, they can guide you and offer suggestiond. Her denying you visitation will help you in court but you need to get to court for that to happen.

Dawn Padanyi
Dawn Padanyi
Answered
  • Divorce Lawyer
  • Doylestown, PA
  • Licensed in Pennsylvania

A: If there is not a custody order in place, then neither parent is under any obligation to allow contact between parent and child. Certainly withholding a child from a parent isn't necessarily the best course of action for the child and could be used against her at a later date if the matter is litigated. It would behoove you to make an appointment with a local family law attorney who can advise you after getting all the details of your situation presented.

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