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:

1. The present and past abuse committed by a party or member of the party’s household;
2. Whether there is a continued risk of harm to the child or an abused party; and
3. 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.