How do protection orders affect an abuser’s right to access their children?
In Pennsylvania, protection orders can be issued to individuals who have been a victim of domestic abuse. Once a protection order is issued, the abuser’s right to access their children is typically limited. The court will usually consider the safety of the child when determining what kind of access the abuser will be allowed. For example, if the court finds that the abuser is a danger to the child, they may prohibit all contact or restrict the abuser’s access to supervised visitation in accordance with the Protection from Abuse (PFA) Act. In extreme cases, the court may take away the abuser’s custody and grant sole or primary custody to the victim. The court may also issue a “standby guardianship” order, which allows the victim of domestic abuse to temporarily assign guardianship of their children to another person in lieu of the abuser. This is often done in order to ensure the safety of the child if the victim needs to leave the home or if the abuser is incarcerated. Ultimately, it is up to the court to determine what kind of access the abuser will have to his or her children. The court does consider the safety of the child when making decisions about parenting time, and may limit the abuser’s access to protect the child.
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