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My soon to be ex wife filed and was granted a restraining order she alleged abuse and stalking and threatening there was no

Whitehall, PA |

such event. She lives in Maryland I live in Pennsylvania. There is a standing child custody order in PA. I was in court last week to challenge the TRO during that hearing she said I left the home 1 month before the alleged act and that she based the staking off of the kids saying they saw a similar vehicle like mine in the area the kids are 10 and 12..she didn't claim to have seen me. She hasn't allowed me to have contact with the children for the past 6 months the TRO list her only and gave custody to her. The PA custody order dated 12/23/2008 states primary to her and partial to me and visitation and phone contact to me..how do I handle the TRO custody issue. I recently made a motion of Contempt in PA custody order she refused to register the order in MD i petitioned MD to do so

Attorney Answers 3

Posted

You should consult privately with an attorney as there are more facts needed to assist you. You might need to discuss the restraining order issues with a Maryland attorney

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Asker

Posted

Thanks Mr. Crawford. I have a MD lawyer and his advice was to file a Modification Motion to include visitation. I find it difficult to believe that because there is a PA Custody order that my ex wife chose to not tell the MD court about that this is my only option. Is the PA Custody order null n void

Stewart C Crawford Jr.

Stewart C Crawford Jr.

Posted

A pa custody order cannot be overruled by a Md restraining order, the two setsvof statesman will need to be harmonized bit it won't eliminate your rights

Asker

Posted

thank you that is very helpful.

Posted

Since the children are in Maryland, there is a strong possibility that the custody action will now be brought down there under the UCCJEA. The issue of the TRO is serious, and can be lifted if there are facts later that show the previous facts were wrong or misstated, or that Mother isn't really scared of you (if she is meeting and talking to you constantly, then she isn't frightened and you could ask the PFA be dropped). But, the TRO in place will make custody difficult. Speak to a Maryland attorney about the action to ensure you are granted custodial rights and your children are protected. All the best.

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Thank you Mr. Edger, The UCCJEA could be an issue this is true the language within the Act would support that the original issuing Jurisdiction that being the state of PA would have to be convinced to relinquish it's continuing jurisdiction. I still live in the State of Pa thus there remains ◆ Preserves exclusive, continuing jurisdiction in the decree State if that State determines that it has a basis for exercising jurisdiction. Such jurisdiction continues until the child, his or other parents, and any person acting as the child’s parent move away from the decree State. On 3/22/13 i was at a custody conference hearing whereas the mother failed to show the matter has been certified to a non-jury trial for contempt, the master would have transferred custody but gave the former option which I chose. I haven't seen or spoken to my children since 9/18/2012. (parental alienation i believe is playing a role here) I was in a hearing in Maryland last week to have the FRO resided, the FRO states custody given to mother; the mother stated on record that I was out of the home 1 month prior to the alleged event and I have proof that I was working in Wisconsin on the date in question and the ensuing 3 months after but the judge wouldn't hear the evidence and affirmed the order. My soon to be ex-wife is due in criminal court on the 2nd of April for Credit Card theft and Identity Theft..10 count incitement. My question is really what can I do to regain my visitation at the very least.

Posted

There are many serious issues here that cannot be handled by you alone. You should consult with an attorney to review all your options. Good luck.

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