Parental abduction or Not?

First of all the trem Parental abduction means,"the taking, retention ,or concealment of a child or children by a parent in derogation of custody rights including visitation rights of another parent."

My Ex-husband Has primary physical custody of our children. I have a court ordered visitation Which says that I have "periods of partial physical
custody"(I also have shared Legal custody) but my EX is refusing me that visitation and has been since Jan. 20th;my children went home that Sun. and I have not seen them since.

The reason he gives me for doing this has to do with the fact that my current husband was envolved in an accident and he was a victim of a crime.On Jan.19th my current husband was attempting to pick up a friend from work at midnight, he missed his turn so when he tried to turn around a black male walked out in front of him;while another black male attempted to rob him. My current husband was smart enough to drive off but in the process he was shot. We had to spend 14 days in the hospital.This has been investigated by local athorities and this is what did happen.He was just a VICTIM in this. But for some reason my EX feels that there is more to it than that.

He said I could see the children supervised but has not taken me to court. I
know that he is in contempt of court but I currently have no Lawyer. I want to know if I can have him charged with Parental abduction or Interference of my custodial rights. And if so how do I do that?

He is currently on State Parole and if he gets any new charges he goes back to prison. I even tried calling his PO,but got no response. I am concerned for my children they have made allegations of abuse against their step-mother in the past and I have not seen them to know that they are ok. And he will not even let me speak to the children on the phone unless he is listening,which that has only been one time since Jan. as well.

We both reside in PA and I need some help knowing the PA laws in regards to this.

You can have him charged with Contempt of court. All you need to do is contact the court in which your custody was settled in, and let them know the situation. Your ex husband cannot deny you visitation because of your current husband unless your current husband can be proven to be a danger to your child, but even then your visitation cannot be stopped, you would just have to make sure your current husband did not see the child. But since that is not the case your ex has no legal right to keep you from your visitation. Depending on PA law, his denying you your legal visitation may allow you to be awarded physical custody of your child.

Good Luck