Philadelphia, PA asked in Civil Rights and Criminal Law for Pennsylvania

Q: son mother is threatening to call police if I dont have him back the next day, will I get arrested if I bring him later

There’s no custody agreement , or no court ordered agreement. I am on child support for my son. I just want to have him 2 days longer and she’s threatening to call the cops if i don’t drop him off the next day. Will I get arrested or not ?

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: You won't get arrested, no -- you're not in violation of any court order. And, most likely, the cops won't even want to get involved. They'll probably advise her to go file whatever in Philadelphia family court, although they may contact you to try to facilitate some kind of mutual agreement on returning the child . . . but I doubt it.

It's probably a good idea, however, to GET a court order about custody/visitation so that things like this don't keep happening. I can certainly see your baby-mama not letting you have your son after this, perhaps just out of spite, and you'll have no choice but to begin a custody case.

Best of luck to you.

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