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Richard B Bost

Richard Bost’s Answers

4 total

  • Why do cops give you unnecessary charges to give you a record and later they get dropped in court?

    Why do cops give you unnecessary charges to give you a record and later they get dropped in court? Friend was falsely accused and arrested for retail theft. But later store video proved she did not and charges were dropped. They gave charges like ...

    Richard’s Answer

    I think the real solution- now that he charges have all been disposed of- is for your friend to file a petition for expungement. This effectively erases any record of the arrest, something that will be important for your friends future.

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  • Grandparent rights?

    My friend moved to Texas to be with her son and his family. But as soon as she had moved down, his wife had left with the kids because the son has a drug issue. She is making it hard for my friend to see her grandchildren, what is her rights as a ...

    Richard’s Answer

    It may depend upon how long the child has been outside of Pennsylvania and whether or not there was any existing custody order in place. If the child has not been in Texas for more than six months, then Pennsylvania should still be the child's "home state" and a grandparent may have custodial rights under Pennsylvania law.

    I suggest you contact a family law attorney in your local area.

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  • Is this considered contempt of a custody order?

    We lie in different states. I get my son 1 week a month. The order says that we meet in Richmond VA.past Sunday, February 20th, I drove over 7 1/2 hours with my mom, dad, and 3 year old daughter. I went to the first exit that said Richmond, VA....

    Richard’s Answer

    If the Custody Order was from Pennsylvania, he is the one that may be in contempt. But in my practice, I rarely see judges find someone in contempt when the order is not expressly violated. The problem with your order seems to be that it isn't specific enough. It should be explicit saying the day, the time and the exact location.

    If you do file for contempt, ask the judge to order him to pick up and deliver the child one for an extra weekend to make up for his bad conduct.

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  • What happens when the mother doesnt follow court ordered weekend visitation...

    In January the court granted me every other weekend visitation with my son. His mother dropped him off the first day, and hasn't done it since. I keep going to the drop of location every other weekend to make a police report. I have since gone to ...

    Richard’s Answer

    In Philadelphia you can file for an "Expedited Custody Hearing" which can get you before a judge in just a couple of weeks. You need to have an underlying petition or complaint pending which from your description it sounds like you do. I would also suggest that you file a Petition for Contempt. There is NO fee for filing a contempt.

    The clerks office only accepts Expedited Custody Petitions on Mondays (unless Monday is a holiday in which case they are filed on Tuesday.) The fee is $42.68.

    If you file without an attorney, you will get a hearing before a Special Master, who is an attorney and tries to help people reach agreements. I don't think that will work in your case since the mother hasn't been cooperative thus far.

    If you do not reach an agreement before the Special Master, you will be assigned to a judge. This occurs a week or so later.

    One thing you may want to consider is that you can ask the judge to make her pay your filing fees since the only reason you are doing this is because she has refused to cooperate. You might also want to figure out how much time you are loosing from work and ask the judge to also compensate you for the time missed. But I should warn you that judge's rarely will do this, and not usually the first time someone doesn't follow the order.

    One thing you absolutely want to ask for is "make up" time for each of the weekends you were not able to see your child.

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