Mechanicsburg, PA asked in Family Law for Pennsylvania

Q: My daughter was picking up this weekend from her fathers dad. He was passed out intoxicated- can I withhold her from him

Police were called and ambulance.

Daughter had to let me in she was crying and upset.

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2 Lawyer Answers
Penelope A. Boyd
Penelope A. Boyd
Answered
  • West Chester, PA
  • Licensed in Pennsylvania

A: This is a concerning situation. If I understand the question, your daughter was not with her father but with her grandfather. If you and the father cannot agree to something that keeps your child in a safe environment, then you could consider seeking modification of the existing order. Withholding a child is a violation of the order, and you will need to show the court it is the only way you could keep your child safe.

Kathryn Hilbush agrees with this answer

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

A: I concur with Attorney Boyd. You cannot just withhold the child because that would be in violation of a court order, unless the child would truly be placed in danger should she go with her father, or grandfather, for her visits. If you truly believe that to be the case, then you'll need to file an emergency petition to suspend the visitation.

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