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May A Custodial Parent Deny Custody?


In the event of a divorce, parents may have to negotiate a custody agreement. This agreement outlines the rights and responsibilities of both parents concerning their children. It includes details such as who will be the custodial parent, physical custody schedules, holiday vacation schedules, and more.

In some cases, the custodial parent might try to deny custody to the non-custodial parent despite having an agreed custody schedule. It is important for both parents to understand what happens if a custodial parent tries to deny custody, so that they can make sure their rights are protected and that their children’s best interests are paramount in their consideration.

At Bunde & Roberts, P.C., our Pittsburgh child custody lawyers represent custodial and non-custodial parents in matters related to denial of custody. If you want to discuss your legal rights and options, reach out to our office in Pittsburg, Pennsylvania.

When Can a Custodial Parent Deny Custody?

It is important to understand that a custodial parent cannot unilaterally deny custody without approval of  the court, which may be as a result of an action to modify an existing custody agreement or court order. If there is an emergency situation that requires immediate action by the custodial parent, then they may seek to temporarily alter custody pending emergency action from the court, but this is an extreme remedy and could have negative consequences for the custodial parent.  It is always prudent to consult with an attorney before taking any such unilateral action.

What Can Non-Custodial Parents Do If They Believe The Parent With Custody has Violated the Custody Order?

Non-custodial parents should always seek legal advice if they believe that the other parent has violated the terms of an existing custody agreement or order – especially when it involves the denial of custody.

Additionally, non-custodial parents should document any attempts made on their part to contact the other parent or to see their children.   Finally, they should speak with counsel to consider enforcement of the order or agreement, or possible modification to their current custody arrangement.

The Child Custody Lawyers at Bunde & Roberts, P.C., Can Help

If you are a non-custodial parent who feels like you’re being denied custody, then it’s important to seek legal advice so that you can take appropriate action based on whatever applicable remedies may exist in your situation. At Bunde & Roberts, P.C., we also represent custodial parents who feel that they may have valid reasons for denying visitation. Either way, our child custody lawyers are here to help you protect your rights throughout the process. Call 412-391-4330 to discuss your particular case.


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