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Custody exchange and other parent is not present.

Ephrata, PA |

I went to drop my infant off at her dad's house and dad was not home. Can I be held in contempt if I refuse to leave my child with other adults in the home if dad is not present? Child has serious health concerns and adult present admitted to not knowing how to properly handle health issue. Dad threatened to call police on me and have me held in contempt if I refused to leave the child. Help! Thank you.

There is a current order. The only language pertaining to transportation is party dropping child off to provide transportation.

Attorney Answers 3


  1. I have to assume that, if the order requires the father to be present during the transfers, you would have said so. The father can certainly file for contempt against you, but I'd be surprised if you were found to have been in contempt based on what you've written here. However, you have a court order to follow. The solution is to file a custody petition, seeking explicit language covering this situation. You should consult with an experienced family law attorney in your area.

    Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.


  2. Because your child has special needs, I recommend that you file a petition to modify the order so that it addresses specifically who must care for the child. As for contempt, did you in fact leave the child with that other adult or did you refuse to leave the child there?


  3. I agree with the other attorneys, i would add that ot may be helpful to communicate with thw childs other parent only by text (to keep a record) and wait a reasonable amount of tine.

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