Port Charlotte, FL asked in Family Law and Child Custody for Pennsylvania

Q: Can my grandson's father withhold visitation from his mother?

My daughter had a DUI with her son in the car. The car seat was not properly installed. She has gone to rehab and is currently sober. She has been sentenced to 3 yrs probation. The father refuses to allow her son to visit with his mother. Can he legally do this?

Related Topics:
2 Lawyer Answers
Cary B. Hall
Cary B. Hall
Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Probably not -- unless there's a custody order that says so, and I'd be surprised if a court would say *no* contact between mother and child under those circumstances. If there's no custody order, well then, your daughter needs to open a custody suit and obtain one.

If she's in the southeastern PA region, I'd be happy to talk to her directly offsite. Best of luck!

1 user found this answer helpful

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

A: Yes, if there's no custody order granting her access, he can withhold contact, largely because he has possession of the child. Your daughter should file a custody action against him, seeking contact with her son. She may start out with a form of supervised visitation and most surely won't be driving the child anywhere for awhile, but, as long as she sticks with her probation and doesn't have any more alcohol or drug related issues, all of those types of conditions will eventually be lifted.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.