[PA] Can a parent limit a volatile co-parent’s contact with their child before a custody order is finalized?

PA Family Law

Liz

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Great. In Pennsylvania, custody and visitation rights are determined based on the best interests of the child. Since there are no existing court orders, the court will consider factors such as the child's safety, the history of abuse, and the ability of each parent to provide a stable environment, factors laid out in (23 PA Cons Stat § 5328), which directs Pennsylvania courts to give substantial weighted consideration to present and past abuse when it affects a child's safety. If there is a concern about emotional abuse or potential confrontation, you may consider seeking a Protection From Abuse (PFA) order. This is a legal order issued by a state court that requires one person to stop harming another. It can include provisions to limit contact or visitation.

Additionally, Pennsylvania law allows for supervised visitation if there are concerns about the child's safety during visits with the non-custodial parent. This means visits would occur in the presence of a third party to ensure the child's safety. Until there is an order, you could also refuse any plans. Does that all make sense?

Pennsylvania Custody (Parenting Plan) Agreement

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My spouse and I have been separated since September 2025. I'm filing for divorce. I have custody of our child. My spouse hasn't been to see her since December 2025. He is emotionally abusive towards me. He called today and wants to come to my house to see his daughter. I'm afraid of a confrontation. What options do I have legally to limit his volatile involvement in our lives?

Lexi, Chatbot

I understand how concerning this situation must be for you. Have you already filed for divorce, or are you in the process of doing so?

In the process.

Lexi, Chatbot

Are there any existing court orders regarding custody or visitation that you are currently following?

No.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your custody concerns.

No.

Liz

Hi there! Welcome to AskaLawyer. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information only site. No attorney client relationship is formed from our conversation. So I can best help, in what state will you be divorcing?

Pennsylvania. Thanks for your message Liz.

Liz

Of course! How old is your daughter?

She's 2.5.

Liz

Thanks for sharing that. Has your spouse ever been abusive towards her?

No, he hasn't.

Liz

Got it, thanks for clarifying. In the divorce, do you know what custody plan you will use?

Yes, I filed for him to have her every other weekend with no unapproved international travel. I'm still in the process of getting everything signed.

Liz

Okay, thank you very much.

Liz

You're very welcome.

Liz

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