Bethlehem, PA asked in Child Custody for Pennsylvania

Q: I have a joint custody order. No corporal punishment clause. Paternal grandmother hit my child. I called Child protect

CPS. What can I do about the custody order contempt?

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

A: See what happens with CPS first -- because if there's an "unfounded" result, you'll look pretty foolish instituting a contempt proceeding. I would, however, document the incident via letter or email (not texting!) with the other side, and demand that -- pursuant to your existing court order -- any and all corporeal punishment cease by anyone around your child. That way, the other side is on notice that the incident happened, and you've properly documented it. If it happens again, then you've got better ammunition (and exhibits) for a contempt petition.

Best of luck to you.

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

A: Since you've already reported this to CPS I agree that you might as well wait it out. A word of advice for the future - CPS has specific thresholds which must be crossed when determining whether striking a child amounts to abuse, some of them being causing injury or having the intent to cause injury. Your order appears to restrict all corporal punishment so CPS may find no abuse when there still might have been a violation of the custody order. I suggest that, in the future, you first consult with an attorney to determine whether filing a report with CPS is the best way to go. Also, not knowing how old your child is I can't judge but you should consider the fact that children often exaggerate things without meaning to doing anything wrong. In my experience, unless the child ha been injured, taking the time to stand back and really consider all facts is usually best before filing anything, whether it be a report of suspected abuse with CPS or a contempt petition.

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