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What happens when the mother doesnt follow court ordered weekend visitation...

Philadelphia, PA |

In January the court granted me every other weekend visitation with my son. His mother dropped him off the first day, and hasn't done it since. I keep going to the drop of location every other weekend to make a police report. I have since gone to family court to ask is there anything I can do since she is not following through with the order. All they say is we have another court date in 6 months, and I have to keep showing up until then, in case she decides to come. And then they say I can try to get a sooner court date, but that it is going to cost me more than 100.00 dollars to file for that, on top of 40 dollars to file a modification order... I can't beleive that this is my only only option, Please help me out!!!!!! All I want to do is see my son..

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Attorney answers 1


In Philadelphia you can file for an "Expedited Custody Hearing" which can get you before a judge in just a couple of weeks. You need to have an underlying petition or complaint pending which from your description it sounds like you do. I would also suggest that you file a Petition for Contempt. There is NO fee for filing a contempt.

The clerks office only accepts Expedited Custody Petitions on Mondays (unless Monday is a holiday in which case they are filed on Tuesday.) The fee is $42.68.

If you file without an attorney, you will get a hearing before a Special Master, who is an attorney and tries to help people reach agreements. I don't think that will work in your case since the mother hasn't been cooperative thus far.

If you do not reach an agreement before the Special Master, you will be assigned to a judge. This occurs a week or so later.

One thing you may want to consider is that you can ask the judge to make her pay your filing fees since the only reason you are doing this is because she has refused to cooperate. You might also want to figure out how much time you are loosing from work and ask the judge to also compensate you for the time missed. But I should warn you that judge's rarely will do this, and not usually the first time someone doesn't follow the order.

One thing you absolutely want to ask for is "make up" time for each of the weekends you were not able to see your child.