Greenville, PA asked in Family Law and Child Custody for Pennsylvania

Q: Is violating the PA Governor's stay at home order sufficient grounds to file for full custody of children?

My wife and I have been separated for 7 months. She has been in a relationship with another man for over 9 months. We have two children and do not have a signed agreement for anything yet. It is all being put into the divorce agreement. My wife had not brought this other man around our children at all until the very end of March. She first introduced him to our children 1 week before the governor expanded his stay at home order to the entire state of Pennsylvania. Since the order was expanded she has continued to have him over to her apartment both when are children are not there and also when they are there. I have asked her twice now to stop doing this. I have told her it is both a violation of the stay at home order as well as putting our children at an unnecessary risk for their health. She refuses to comply with my request and tells me and our children it is none of our business who she has at her apartment. Would this be sufficient grounds for me to file for full custody?

Related Topics:
1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: It's hard to know. Many judges are not looking happily upon people who they think are trying to use the stay-at-home order to their advantage in custody cases. On the other hand, you can argue that she's endangering your children. Your best bet is to speak about your options with an attorney in the county where the children reside. Many of us are doing telephone consultations, sometimes Zoom meetings, while our offices are shut down.

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.