Announcement

Collapse
No announcement yet.

Ex spouse files PFA against me for child custody Pennsylvania

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ex spouse files PFA against me for child custody Pennsylvania

    Wow- what a week. This is an unreal situation. I am a teacher in a high school and my 19 year old cognitively impaired daughter attends the same school. She has lived with me since her birth (her father and I divorced when she was 1). I have since been married to a wonderful man for ten years and I have two other children with him. My ex has been trying to get custody of our daughter for years. Last Thursday, from out of nowhere, he obtained a PFA against me on behalf of her, alleging that I have physically abused her, which is utterly ridiculous. He lives out of state and he was attempting to remove her from the school and the state in which we reside. The judge granted him a temporary order for 10 days but would not allow him to remove her from school or PA. She is staying with the paternal grandparents. I am allowed to initiate daily phone calls with her and have casual contact at school. This case has been in and out of court for years , but this is the first time he has done something this evil and low. Additionally, last year, I requested that the court appoint a guardian to make all educational decisions for my daughter's program, and they did, because IEP meetings were hostile and their were lawsuits and disagreements about programming for her between her father and I. He hates this school and he hates me and I haven't even spoken to him in two years, although we share legal guardianship now. Anyway- I have a hearing in a week and I am hoping that she will be allowed to come back home and that will be the end of it. These allegations are false and she knows that. She is not so incapacitated that she would not tell someone if I were hurting her. I told her to simply tell the truth to the judge. She says she wants to come home now and I am really having a hard time with all of this. It is a scary thing that anyone can walk into a courthouse and allege anything they want and based on whatever they say, they take your child out of your home, without even hearing from the accused. When this is all over, can I sue for malicious prosecution? How can I prevent these accusations in the future?

  • #2
    Originally posted by amydmvp View Post
    Wow- what a week. This is an unreal situation. I am a teacher in a high school and my 19 year old cognitively impaired daughter attends the same school. She has lived with me since her birth (her father and I divorced when she was 1). I have since been married to a wonderful man for ten years and I have two other children with him. My ex has been trying to get custody of our daughter for years. Last Thursday, from out of nowhere, he obtained a PFA against me on behalf of her, alleging that I have physically abused her, which is utterly ridiculous. He lives out of state and he was attempting to remove her from the school and the state in which we reside. The judge granted him a temporary order for 10 days but would not allow him to remove her from school or PA. She is staying with the paternal grandparents. I am allowed to initiate daily phone calls with her and have casual contact at school. This case has been in and out of court for years , but this is the first time he has done something this evil and low. Additionally, last year, I requested that the court appoint a guardian to make all educational decisions for my daughter's program, and they did, because IEP meetings were hostile and their were lawsuits and disagreements about programming for her between her father and I. He hates this school and he hates me and I haven't even spoken to him in two years, although we share legal guardianship now. Anyway- I have a hearing in a week and I am hoping that she will be allowed to come back home and that will be the end of it. These allegations are false and she knows that. She is not so incapacitated that she would not tell someone if I were hurting her. I told her to simply tell the truth to the judge. She says she wants to come home now and I am really having a hard time with all of this. It is a scary thing that anyone can walk into a courthouse and allege anything they want and based on whatever they say, they take your child out of your home, without even hearing from the accused. When this is all over, can I sue for malicious prosecution? How can I prevent these accusations in the future?
    Do you have an attorney?
    You really need one for this complicated situation.

    You are correct, it is insane that a Judge would issue an order removing her without some real proof. When you go to this next hearing, be sure to take all of your documentation, including all previous court orders. That will prove to the Judge that your ex has been trying for years and has consistantly failed to prove his case. Your attorney, or you should be sure to point out to the Judge that this PFA is no more than a back door attempt at relitigating an issue that has been heard many times. In other words the issue of custody is res-judicata, especially if any allegations of abuse was made at any time in the past.

    Unfortunately, you can't sue, however, you can file a complaint about this Judge to your state's JQC.

    There's not much you can do to prevent further accusations, except ask the court to order sanctions for ex's frivilous motions that are wasting the court's time.

    Comment


    • #3
      well, here goes

      I do have an attorney. Today, my daughter did not come to school and when I called her grandparents, they told me she was in New York with her father. I called her there and I was able to talk to her but I was placed on speaker-phone and my ex would not allow her to talk to me without it. I did speak to her then, but I was taken aback by the whole thing and, even though I have nothing to hide from anyone, I was quite bothered by the whole speakerphone drama. It was difficult to hear her, mostly and it was also quite humiliating to realize that now I have to have supervised visits on the telephone!? I have done no wrong- this is a nightmare and I can't wait till I have my day in court. I heard him yelling in the background that the judge recommends that he put the speaker-phone on when I talk to her. The only thing I have is a court order that says she will stay in PA in school and I can have daily phone contact with her. I will find out what is behind all of this in the morning, as my attorney will speak to the judge then. This is all very bizarre. There has been no notice of any change in the PFA and if this is so, he is in contempt by taking her out of school to New York. Attorney says to understand that ex was granted this temporary PFA because of the judge erring on the side of caution because of his "story" and that it will work out at the hearing. Lord, I hope so. This is just crazy.

      Comment


      • #4
        Originally posted by amydmvp View Post
        I do have an attorney. Today, my daughter did not come to school and when I called her grandparents, they told me she was in New York with her father. I called her there and I was able to talk to her but I was placed on speaker-phone and my ex would not allow her to talk to me without it. I did speak to her then, but I was taken aback by the whole thing and, even though I have nothing to hide from anyone, I was quite bothered by the whole speakerphone drama. It was difficult to hear her, mostly and it was also quite humiliating to realize that now I have to have supervised visits on the telephone!? I have done no wrong- this is a nightmare and I can't wait till I have my day in court. I heard him yelling in the background that the judge recommends that he put the speaker-phone on when I talk to her. The only thing I have is a court order that says she will stay in PA in school and I can have daily phone contact with her. I will find out what is behind all of this in the morning, as my attorney will speak to the judge then. This is all very bizarre. There has been no notice of any change in the PFA and if this is so, he is in contempt by taking her out of school to New York. Attorney says to understand that ex was granted this temporary PFA because of the judge erring on the side of caution because of his "story" and that it will work out at the hearing. Lord, I hope so. This is just crazy.
        Was your attorney able to find out anything this morning?

        When is your next court date?

        Comment


        • #5
          further developments

          My attorney found out from the judge on Friday morning that there was no new order or any changes to the PFA order and my ex was lying to me. I have been unable to talk to my daughter since Thursday and she is still not in school today- Monday. The hearing is Wednesday. Basically, my ex is in violation of this court order by removing her from his parents' residence and from school. Also he is denying me phone contact with her, nor is he allowing her to call me. I can't wait until Wednesday.

          Comment


          • #6
            Originally posted by amydmvp View Post
            My attorney found out from the judge on Friday morning that there was no new order or any changes to the PFA order and my ex was lying to me. I have been unable to talk to my daughter since Thursday and she is still not in school today- Monday. The hearing is Wednesday. Basically, my ex is in violation of this court order by removing her from his parents' residence and from school. Also he is denying me phone contact with her, nor is he allowing her to call me. I can't wait until Wednesday.
            I'll be praying that the hearing goes well. Please keep us updated when you can.

            Comment


            • #7
              Daughter is back at home

              Yesterday's hearing, although most unpleasant, ended well. Despite my ex's testimony and photos of alleged injury(a small sore on the back of her hand) the judge spoke directly to my daughter, just the two of them, and she told him it was a bite from the cat. He dismissed the case and vacated the PFA order. I am sure I have not heard the last from my ex, as I expect him to file something again. The judge told him he was not about to change custody, which was ex's basic motivation and that if that is what he wants, he should file a petition to do so in the proper forum. Needless to say, it was a nice ending to two weeks of stress and uncertainty and we are all so very happy to have her home, and she is also happy to be home. My attorney did an awesome job.

              Comment


              • #8
                I'm so glad everything worked out....... and sorry that you all had to endure that.

                God Bless!
                Amy

                Comment


                • #9
                  That's wonderful, I'm so glad it worked out.

                  It sounds like you had a great attorney, and hopefully your ex will not file anything for awhile.

                  Comment

                  Working...
                  X