Many parents feel that they can refuse access or custody of another parent if that parent has not paid assistance for the child. It`s not true. The courts consider that access and custody is separate from custody of children. Similarly, a parent cannot withhold child benefit if he or she is denied custody or access. Any person who “does not intentionally comply with any custody order may be found to be disdainful, in accordance with the general rule” pursuant to Section 5323 (g) (1) of the Pennsylvania Statutes. In addition, and perhaps more importantly, violations of a custody or access order may result in a loss of parental rights for the parent who is the victim of a violation. If they are a parent in custody, they may lose custody or reduce custody. If they are not custodians, they may lose some or all of their visitation rights (and perhaps what their custody rights are). Second, if there is a controversy or disagreement over the terms of custody and visitation, you should request an amendment to the child`s custody or visitation by-law. This can help prevent situations where one or two parents are trying to take matters into their own hands and are trying to create new regulations. All amendments must first be approved by the court before being implemented.
If your ex does not allow you to see your children, or if you are in some way violating the custody order that is in effect, you can apply for your case to be tried. If you take this step, a number of things can happen. The actions the court will take will depend on certain factors. If your ex has generally followed the custody order so far, this may help your ex`s case. Custody is set by a family judge as part of your divorce. There are several types of custody in Pennsylvania, including: Please contact us online or call our Tilleuls, NJ offices today at (908) 481-4625 for a confidential consultation on your custody of your child. Violations of child custody can have serious consequences and are incredibly frustrating for the party involved in these violations. While child custody or visiting disputes and violations can be serious, there are a few steps you can take to avoid them. The first step is to ensure that your child`s custody and visitation contract is effectively formalized and approved by the court. Thus, conservatory custody is legally applicable.
Sometimes it is enough to know that an agreement is legally applicable to prevent infringements and litigation.