Edinboro, PA asked in Divorce, Family Law and Child Custody for Pennsylvania

Q: Can my daughter's father move people into his home without notifying me?

My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or violent. I don't want my daughter in that situation. They also didn't notify me of this and I only found out because my daughter came home and told me. Is there anything I can do?

Thanks!

2 Lawyer Answers

A: The daughters father can live with anyone he wants any time he wants as long as the child is not placed in imminent danger to life or health. Having a demented elderly parent is not a risk factor for a child, at least not without further information.

Hypothetically, if the elderly demented person starts fires in the living room because he needs to get warm, that is a risk factor that places the child in imminent risk of life or health. We don't have such facts, so we cannot act to protect the child, and we cannot inhibit the father's visitation rights under the custody order.

The father owes no duty to inform the asker of his living arrangements unless specified in the custody order which such a provision never would be.

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A: Please consult with an experienced family law attorney in your area. In PA, parents are entitled to know the criminal history of anyone who resides in the household of the other custodial parent. If your concerns involve other issues, such as whether there might be safety issues which involve the gentleman with dementia, you may be able to raise the issue before a court, but please don't do so without some basis in fact. That's why you should discuss this issue with an attorney in private. Of course, the obvious suggestion is that you first try to discuss your concerns with your ex.

1 user found this answer helpful

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