Wilkes Barre, PA asked in Family Law and Child Custody for Pennsylvania

Q: Ex husband won't respond or bring my son home. Please help.

Dad was in jail majority of 4 yrs after I ran away from his family for stalking me and threatening to keep my son while dad was in rehab. Dad kept viol. Prob. Our son liver w me all those yrs. No help. No support. He has mental issues. School prob. Dad and gf told him he doesn't need it and down have to go. Homeschooled for mental breakdown. Dad blanedb me for failing grades changed school pw address and will not bring him home from the last visit. Wont answer son wont answer. My son and I are very close. The family is abusive controlling. Lied to my son about bf and about me being on drugs. I am tested often. Dad is abusive to curr gf my son was becoming verbally abusive towards me bc of the talks the whole family has w children. Plus help me

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

A: Sounds like a horrible situation -- most of all for your son. If you have a custody order, you can file an emergency petition for contempt if he's not following the order. If you don't have a custody order, you can file a complaint for custody along with an emergency petition for the return of your son on Monday if things haven't resolved. Courts are not fond of emergency petitions at all, but when the situation is dire, it can be an appropriate and effective legal tool.

Best of luck to you.

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

A: If you have a custody order granting you primary custody, the local police might assist you in obtaining possession of your son, if you want to go that route. I'm rarely a fan of doing that, though. It can be very upsetting for the child. Your better choice is to file a custody petition. You can try it as an emergency and see what happens. Please consider engaging an experienced family law attorney to assist you to get the best possible result.

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