Skip to main content

I have 50/50 of my daughter she is 3. my ex filed an emergency petition so my daughter has no contact with my boyfriend.

Irwin, PA |

My boyfriend has been accused of pointing a gun at his ex girlfriend and was tasered by police for terroristic threats etc.... these charges were dropped. My boyfriend also has temporary emergency physical custody of his daughter who's mother only has visitation rights. his daughters mother is the one who made these false accusations. I don't have an attorney and need the best advice in preparing my case to not loose time. Or just walk away, because I am finally happy and have a 6 month old that my boyfriend loves as his own.

Attorney Answers 3


  1. First, I hope you are not serious that you could willingly walk away from your 3 year old because you are happy to have a 6 month old with your boyfriend he loves as his own. If an emergency petition was filed, the Court needs to see there is an immediate harm or risk of harm to the child. If the charges against your boyfriend were the reason the emergency petition was filed, and they've been dropped, there is no harm and no basis. Further, if the boyfriend's baby's mother made the petition, she has no standing and the Court would dismiss the case. From the facts you give I see no reason why an emergency petition should be granted from what you stated. However, do speak to an attorney about the situation so you can ensure you are best prepared for your hearing. All the best.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state


  2. You need to be prepared yo explain to the judge that all charges against your boyfriend were dropped. If there are currently any charges against him you need to explain why those charges do not make him a threat. You may also want yo ask for a hearing on the matter which will give you more time yo explain your situation to the judge and time to find a lawyer. You really need to find a lawyer to help you.

    This answer is for informational purposes only and should not be construed as legal advice. This Q&A forum does not create an attorney/client relationship. If you have a legal concern that is important to you, I urge you to consult with an attorney. For those who are concerned about their ability to afford legal assistance, the ACBA's Lawyer Referral Service may help: http://www.acbalrs.org


  3. You need to consult with an experienced family law atorney in your area as soon as possible. As noted, you will need to gather the police/court records necessary to address the allegation that your boyfriend is a threat to your three year old. Every case is fact specific, so it is not possible to provide advice as to what your argument should be at the hearing. That is something that you need to discuss with counsel.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics