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In Lehigh County, PA, how can I get the court to turn over custody after repeated contempt acts by mother of young son?

Allentown, PA |

Joint legal custody, alternating weekends, I have many school holiday with son and month of July, etc... Mother has contempt order against her already from March 2012. She still moved again this time to NJ, despite court order, and without telling court or me. Not a good environment either. Many issues with mother's lack of responsibile parenting and hostility toward me. How can I get the court to REALLY act on this and not merely find her in contempt with very light "sanctions," this time. Sometimes lawyers play games and try to drag cases on for the money...I can't afford to keep going to court and my son needs a stable environment. Will the judge likely allow transfer of custody, especially across state line? What happened to "Act 112" and "Child's Best Interest???"

Attorney Answers 1

  1. You can't change custody by filing a Petition for Contempt. You need to ask for a modification of the order. You will have the burden of proving that a change in custody is in the child's best interest, and repeated findings of contempt may help your case.

    My response to this question is intended for informational purposes only and should not be interpreted as legal advice. Please be aware that in answering this question, I do not intend to create a privileged or attorney-client relationship. Further, I can make no guarantee as to the accuracy of said answer due to variables that may not be apparent from the phrasing of the question. Every case is unique and this should not be a substitute for seeking personal legal advice from a licensed attorney in your jurisdiction.

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