Question:
My ex and I have informally been sharing custody; however, she was recently arrested for DWI and child endangerment.
I am obviously now worried about the safety of my child, particularly since this was not her first DWI.
What can I do to gain custody and ensure her visitation is supervised?
Answer:
In Pennsylvania, if the opposing party presents a risk of harm to the child, a party can file an emergency custody petition to request that the court modify or enter a custody order to suspend the opposing party’s custody rights or require supervised visits until he or she no longer presents a risk of harm.
Some of the factors taken into consideration during a best interests of the child analysis include:
- The present and past abuse committed by a party or member of the party’s household;
- Whether there is a continued risk of harm to the child or an abused party; and
- Which party can better provide adequate physical safeguards and supervision of the child.
In cases where there is a reasonable risk of harm to the child, a party may withhold the child from opposing party until a hearing has been held.
Since action should be taken in your case at the earliest opportunity to protect your child as well as your custodial rights, I would urge you to schedule a consultation with an attorney barred in your jurisdiction as soon as possible.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Jaimie Collins, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”