What to do if my daughter is staying with her father but due to hard feelings he has decided to take me to court for custody and he is now refusing to let me see her?

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What to do if my daughter is staying with her father but due to hard feelings he has decided to take me to court for custody and he is now refusing to let me see her?

No decision has been made yet. Can he do that?

Asked on June 16, 2015 under Family Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Either parent's access to the child is what the court says it is.  If you have a court order in effect that says you can see your daughter, then you can go take possession of your daughter.  If he has obtained temporary orders that restrict your access, then your access will be whatever those newer, temporary orders provide.  If the you do not agree with the orders, then you need to hire a family law attorney to challenge those orders.

If he has merely petitioned for a change in access or possession, but the judge has not made a ruling, then the original orders still remain in effect.  Whatever those orders say control.


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