Asked in Family Law and Child Custody for Pennsylvania

Q: Can I keep my daughter from her bio father if he was high while she was in his care?

I was just informed that my daughter's bio dad was high while she was in his care (An entire weekend in another city). She is 4 1/2 and he had no involvement in her life until September 2019. I was informed that he was using heroin for the last month, including when he had her. We have no custody order, can I keep her from seeing him for the time being? Should I file for emergency custody?

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

A: Yes, you can can (and probably should) file for emergency custody -- or, since there's no order, you could also refuse to allow him physical custody of your daughter any longer and let *him* file for a custody order.

The tricky part, of course, is the reliability of your information source. People think all sorts of things, but that doesn't mean they're true. Folks feel all kinds of ways, but feelings aren't facts. The court is going to want solid proof that Father was under the influence of illegal narcotics while charged with caring for your daughter. Consider that as you weigh the decision whether or not to file an emergency custody complaint.

If you are in southeastern Pennsylvania, feel free to contact me offsite to further discuss your case. Best of luck to you.

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