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What happens when the custodial parent consistently fails to exercise her right to custody?
Anonymous7 views3 answers
The court awarded primary custody to my wife (which was completely insane at the time). Now, over the past year she has failed to exercise custody for approximately 30 nights -- it was inconvenient for her to take our child back multiple times after her visitation with me (dad). However, now she and her family have made plans for the 4th of July and she already told me she's planning to take our child out of town beginning Friday and returning Sunday, despite the fact that I'm supposed to have custody on the 4th of July in odd numbered years. She said she was sorry, but she already made plans for our child. I mean, seriously? What recourse do I have? Enough is enough. I still want custody of my child. Do the PA courts frown upon this kind of behavior from the primary custodial parent?
Yes, the courts frown on such behavior. Are you interested in obtaining primary custody? Her behavior is no guarantee of a custody change, but it is certainly grounds for a contempt petition.
Robin Jean GrayFamily Law AttorneyReading, PANJ licensed ·
PA courts do frown upon alienation and not following court orders. You can file a petition for contempt/enforcement of the existing court order. You can also file a modification for primary custody. There are 16 factors that the court looks at when determining custody. Her behavior in not letting you see your child would play into that evaluation. You should consult with a family law attorney.
Your question does not state whether you have a custody lawyer. If so, you should contact them and discuss filing for contempt of a court order and possibly filing a petition for modification of custody. The custody court can't help you unless you file motions and bring to their attention the problems that you are experiencing currently
