My exwife has refused to let me have contact with my son and then served me with papers to give up my rights saying that I abandoned my son. I have proof of my trying to get ahold of her for months, even messages that show she was reading them. I'...
You do not have to be found unfit, you just have to be found to have not done enough to maintain a relationship. If she refused to let you see or talk to your son you should have immediately filed a custody complaint against her or if she was violating a court order you should have filed a contempt petition. The big issue at the involuntary termination hearing will be why you did not file anything to enforce your rights if she was violating them. It's a defense that she stood in your way, but that may not be enough if you did nothing to enforce your rights until after she filed to terminate your rights.See question
If you were under the impression that you were required to under go a 5329 Threat of Harm evaluation in order to maintain custody of your child, therefore technically agreeing to it, and it is placed in your custody order can you go back and have ...
Once it is court ordered you would have to petition to modify the order to get out of it. However, if the other side must pay half, you could seek contempt if you pay your half but the other side does not pay their half.See question
Previously my child's other parent has lied about hiring an attorney and I would like to know if they are required to disclose if they are going to have one present or not during our upcoming conciliation conference so that I am not blindsided aga...
No. There is no disclosure requirement as to whether or not a parent must tell the other side whether they intend to have an attorney present at a custody conciliation conference or other court-related appearance.See question
We have a new Order. She has never followed this or the other 2 previous orders. She has 10 hours a month on following: Drug Test, Itinerary for her visit, Evaluations, Stay within County Lines. Drug Test: Provided Passed Itinerary: Not Given ...
You should ask the attorney who handled your case since he or she is familiar with everything. If she is in violation of the order, your proper recourse is to file a contempt petition. Custody should only be withheld in the event of an emergency or other serious circumstance in which you believe there is a risk of harm to the child. If you do believe there is a risk of harm to the child and you decide to withhold custody, you should immediately file a special relief petition.See question
My ex and I both went to detox she came out and got back into drugs I came out and moved in with my mom and stepdad my child is left with the mother still doing heroin I ran out of money getting a lawyer for child custody $2500 and now I don't ha...
Public defenders only handle criminal defense and child support contempt cases. Child custody is a civil matter and at $13.00 per hour you will most likely not qualify for a pro bono attorney at MidPenn Legal Services.See question
I missed court thinking it was on another date we were to have a conciliation hearing to modify my custody from every other weekend to no custody
The conference will have taken place without you if it is proven that you were served notice of the date and time. An order will be mailed to you. If you don't like the order you will need to file a petition to modify it.See question
I'm in cumberland county PA and me and the mother of my children have agreed to drop the custody paperwork I submitted and she just received a date to appear in court
If you email me at email@example.com I will email you my form.See question
I filed for custody of my boys and me and the mother agreed on dropping the case before it goes any further and she has already received her court date
File a Praecipe to Discontinue Custody Action with the Prothonotary with both of your signatures on it then send a time-stamped copy to whoever the case is scheduled before.See question
He lives in the house. In our divorce it states that I am to be paid my half either when he sells the house or he dies. Is there any way to get paid sooner? I live in PA. The divorce took place in Oregon.
If the divorce was in Oregon then you will need to contact an attorney who is licensed in Oregon because enforcement of the divorce terms will be governed by Oregon law.See question
Children have expressed strong preference over the past year (2 boys ages 5 and 9) to live with Mom during the school week and see Dad on the weekends. This is opposite of the child custody situation currently in place. The child custody situation...
Preference of the child is only one of the 14 factors that a judge must consider when making a custody determination. The burden will be on you after filing a petition to modify custody order that it is clearly in the child's best interest for the schedule to be modified as you suggest. The ultimate determination will be in the sole discretion of the hearing judge after hearing testimony from both sides. Mediation only works if both sides are able to get on the same page as to what is in their child's best interest. A guardian ad litem makes recommendations to the court as to what is in the child's best interest after interviewing the child and talking with the parents.See question