Grounds for emergency modification?

[chipmunk226]

What is the name of your state? court order issued in Pennsylvania, live in Maryland

I'll be brief. I had a child out of wedlock when I lived in PA. I have since gotten married and moved to MD. My 4 year old son's dad has not worked since November ‘03, and has not paid support since January ‘04. He filed to modify the CS order because he was not working. It was denied. He is physically and mentally able to work. My son is primarily with me and goes to his dads 2 weekends a month during the ‘school’ year. My son is due to go to his dads for the summer (2 months). Can I file an emergency modification based on the fact that, if he is not working, and has not been for such a long time, I am concerned that he cannot properly provide a good home for my son while he is there? He will also have his other child for a month out of the summer. So, not only does he have to care for my son, but another child, on "no income".

Thanks in advance for your response.

~Eva

 

[tigger22472]

The short answer is no. You would have to PROOF that he can not take care of the child. Even if he had no home of his own and say he planned to take the child to a relatives home for the two months, again you would have no grounds. As sad as it is sometimes when it comes to visitatoin with another parent it's much like a restraining order... something has to actually happen before anything can be done about it.

 

[stealth2]

A court isn't going to suspend his summer visitation because he's not working.