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

Q: Emergency custody

Me and my daughter’s father were never married and we have a custody agreement stating that he has primary custody and I have partial I get her three nights a week and he gets her for nights a week but we have been civilly sharing our daughter where I have been having her five days a week and he has been having her two days a week recently he filed forEmergency custody I was serve the paperwork. But am I allowed to see my daughter and continue our court ordered custody arrangement until our emergency custody hearing which is in two weeks? My ex is keeping my daughter from me because he says now that I have been serve the paperwork for our court date which is December 28, 2017 but I am not allowed to see my daughter until the court date my question is am I allowed to see my daughter and still go about our regular custody agreement that we had before he filed for emergency custody

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2 Lawyer Answers
Stephanie E. Emanuel
Stephanie E. Emanuel
Answered
  • Divorce Lawyer
  • Bronx, NY

A: Okay, you need to contact an attorney right away for a free consultation to go over your options. You should continue the current custody agreement as ordered by the court. If he denies that than try to email or text / FB him denying that so that you can use that in court against him.

If you don't have an attorney you should get one otherwise the way he is managing things, most likely you will end up with video visitation rights. And A family law attorney can help you a lot. If your current attorney is not representing you well, then it might be best to find a replacement now. I would love to discuss more but not in a public forum. You should reach out to an attorney to get a free consultation.

Kathryn Hilbush
Kathryn Hilbush
Answered
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: Ms. Emanuel has given you some good information. One thing you do need to do, besides meet with a family law attorney as soon as possible, is review the paperwork you were served with. If there's an order that takes away your custodial time until the December 28th court date, then you'll have to follow that emergency order until it's changed. If there is no such order, then the current schedule, the one that's in the old court order not what you've been recently doing informally, must be followed by both of you. Just one more comment, not all family law law attorneys offer free consultations and, as some would tell you, there's a reason for that - you get what you pay for.

Stephanie E. Emanuel agrees with this answer

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