Pittsburgh, PA asked in Family Law and Child Custody for Pennsylvania

Q: Kids live w/ dad. Full physical custody filed, mom countered w/ 50. Which request rules until it's settled? Status quo?

The children live with dad, mom gets them every other weekend and during the week when it's convenient for her. Does dad continue this way until it's been settled or does mom get what she wants in the meantime?

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

A: Whatever the last order was dictates. If Dad has full custody and mom has every other weekend by order that order dictates until the modification is addressed. If you are talking about no custody and you guys are arguing over the new custody agreement, most courts will try to make you come to a temporary agreement through mediation, it depends county to county. I would argue that you should preserve the status quo until it has been addressed by a court.

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

A: The last order of Court is what is followed. If there is no Order of Court then there is not obligation of either party to follow a particular schedule, however, if there is a status quo it would likely be best for the children that the status quo remain until the Court has an opportunity to run on the latest petitions. Contact a local family attorney to assist you with all the facts on hand.

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