Allowing Contact of Other Spouse

One of the most important custody factors is which parent will permit and encourage contact by the other party.  This seems to be one of the most important custody factors as it constantly appears in custody determinations.  In Kidane v. Grosu, 2017 Pa. Dist. & Cnty. Dec. LEXIS 2434, *1 (Pa. C.P. Aug. 1, 2017), a case that we have mentioned before, the father had custody of the child and informed the mother that the child was sick and had a fever.  The mother indicated that her parental instincts took over and she drove over to the father’s home to help with the sick child.   The father when the mother showed up at his house, indicated that he could take care of his child and told her to leave.  He also called the police on the mother.  The Court found that the father had prevented access to the child and found that the custody factor was in favor of the mother.  The important take away is that unless doing so will expose the child to a dangerous or abusive situation, it is almost always best to allow as much contact as the other spouse desires.   This may sound a bit counterintuitive – simply because attorneys almost always tell their client to be wary of establishing a precedent of relinquishing custody to the other party.  However, if you read enough case law, you rapidly come to the conclusion that allowing contact is best.