Tag Archives: FAMILY LAW

What if I get slapped with a PFA because ex lies?

Q: She contacted my father stating I’m calling and texting her, threatening her and stalking her. None of this is true. I am working a full-time job have a girlfriend. This is being thrown on me and I’m innocent. I believe she is either upset or a close friend is doing this. What can I do to protect myself? (Munhall, PA)

A: Avoid her like the plague. Do not have contact with her in any form, not even telepathically. Save all communications from her-texts, calls, emails, Instagram’s, postings, snap-chats, etc., and lay low. Try not to go anywhere alone. Change up your routine-eat at different restaurants, drive another route to work. If anything happens, call an attorney. That is all you can do. Batten down the hatch and hope the nor’easter blows over.

How can I get legal custody of my great niece?

Q: I have been raising my almost 4-year-old great niece for 2 1/2 years now. While her mother (my niece) was in prison for vehicular manslaughter killing her 6-year old son. Her father dropped her off at my house and has only seen her a handful of times in the past 2 1/2 years. He doesn’t help with her at all. Her mother got out of prison about 3 weeks ago and is trying to take her from me. She can’t even get her son back. I have done everything for this little girl. How do I file abandonment charges on them both? (McKeesport, PA)

A: You have an excellent chance of establishing standing to get custody under new amendments to 23 Pa. CSA Section 5324. You can have an attorney file this motion for you to get in front of a judge and have an order granted. If you cannot afford an attorney, you may be able to get help in the Family Division at 440 Ross Street in downtown Pittsburgh. There is a pro se (self-representation) motions program.

Can my husband take my vehicle if it’s in his name?

Q: My husband and I haven’t been together in a year. We are not legally separated nor has the divorce started. We have 2 vehicles both purchased since we have been married but both unfortunately in his name. We’re living in 2 different states, myself in PA and him in Ohio. There haven’t been any issues as far as the vehicles go unit now. Last week his transmission went out and now he is demanding my car. If this was “my” car bought while together married both of us paying for the vehicle is he able to take it and or report the vehicle stolen? My car is the only belonging I am left with. Thanks in advance! (Pittsburgh, PA)

A: You will have a good argument when the court divides your property in the divorce action, in that regardless of who is on the title, it is marital property. However, as to here and now, he is on the title and if he wants to, he can try to take it. The police may or may not let him do it. They are not going to involve themselves in a driveway divorce settlement. They may be persuaded that he has the title. Or, knowing that you are married, they may tell him to hit the road and talk to his divorce lawyer. You may want to tell your local police what is going on in just in case. What you can do is keep the car in a garage, hidden or blocked in, if that is possible. The police will not take a stolen vehicle report where the alleged perpetrator is the wife. In the meantime, you may be able to have an attorney file an emergency motion to give you exclusive possession of the car, pending the divorce proceedings. You may also tell him that such a foolish act will hasten your filing of a spousal support complaint. If his behavior turns to harassment, you can file for protection under the Protection from Abuse (PFA) statute.

Can CYF hold a mother responsible for the actions of the father?

Q: My sister in recently had her children taken from her custody and placed with her mother-in-law for a failed drug test and a somewhat recent drug related charge. My sister’s husband is a heavy drug user and hasn’t even contacted the children since they have been placed with his mother. My sister claims that CYF told her that they will be holding her accountable for his actions even though they are separated and not even living together. Is this legal? (West Mifflin, PA)

A: It helps if the heavy drug user father is out of the home. However, if mother has a positive screen and drug related arrest, it can result in children being removed from her home. More facts would need to be known. I suggest the mother speak with a lawyer who handles custody and cases involving CYF. If she cannot afford a lawyer, I suggest she contact the Allegheny County Bar Foundation Juvenile Court Project to see if she qualifies for a free attorney. In situations like this, mother may have a better chance of reunification and getting custody back if she splits from father altogether and enters and completes a serious drug and alcohol program.

Do I have any custody or visitation right as an aunt?

Q: My husband and I have been in his life since birth up to a little over a year ago when his mother took all visitation away. I supported him with diapers and cloths and wipes and we had him all the time. We love him, we taught him to swim gave him lesson we put him in early classes to learn to play with other kids! She got a boyfriend now so there are no visits. (Pittsburgh, PA)

A: Generally, grandparent have not right, or “standing” as they call it, to visitation or custody. However, you may benefit from recent amendments to the custody statute found in 23 PA CS Section 5324 based on your lengthy past relationship with the child. I would consult with a family law attorney to see if it would be worth filing a petition for custody or visitation standing.

Will warrant be issued if parent no shows for child support hearing?

Q: The mother is on government medical/ food stamp assistance. The child support case is in PA. The mother of child did not show up to the first initial hearing. The hearing has been rescheduled. Will a warrant be issued for me if I do not attend the hearing? (Pittsburgh, PA)

A: I do not believe the Family Division issues warrants for parties that do not show for hearings to establish child support. If it was a contempt hearing for failure to pay child support, they could hold a hearing without you, find you in contempt in absentia, then issue a warrant. If you fail to appear at a support establishment hearing, they will conduct a hearing without you and issue an order, which will likely require you to pay support.

How can my wife drop a PFA against me?

Q: I have a 2-year PFA against me from my wife. She just emailed me a pretty sobbing story on how she was wrong. I refuse to reply or contact her by any means except by lawyer. Can it be any lawyer? Or how could I simply ask if she wants to speak. She really wants to drop the PFA. 90% of it was fabricated but I didn’t want any part of her, so I didn’t fight it. (Pittsburgh, PA)

A: Don’t trust her. The last client of mine that fell for this was dragged out his house in handcuff’s during a Penguins playoff game. Have your lawyer, or a lawyer, contact her lawyer or her, to see if she will sign off on a Motion to Vacate PFA.

How can a judge grant a 10-year-old the right when to see mom?

Q: My son has been given total control for the choice of to see me on my visitations or not, with coached visitation. He has been brainwashed for the past 10 years of his life and now that the grandparents have got total control of him. It is worse than before. (Pittsburgh, PA)

A: The family courts usually take the view that a child can make their own decisions at age 14. Each case is different. I have seen this happen. If a 10-year old child cannot be forced to see a parent, the court will usually not force visitation.

How to receive custody of my nephews from CYS?

Q: My mother and father had full parental rights of my two nephews. They were removed from their custody 1 month ago and placed with their step grandfather. I told CYS I would take them but was denied. They said it was because my spouse has DISMISSED charges in his past (driving without a license, no insurance, assault), and because they feel it would be too hard to do monthly checks if they were in my care. I live in PA the children are in WVA. They are being removed from their step grandfather’s care today and being placed in a foster home. Is there not anything else I can do to get them in my care? (Mt. Pleasant, PA)

A: Normally this child protective law is administered by each state but is under federal guidelines, so every state runs a similar program. It sounds like you are offering yourself as a kinship placement resource and the child agency is telling you that you are not a suitable placement resource. Dismissed criminal charges should be no problem and the monthly check things sounds suspicious. The child agency in WVA can work out an agreement to transfer the case to PA through the Interstate Compact Law, assuming WVA is a member which I believe they are. In that case, Charleston would communicate with Harrisburg, and the local agency in PA (your county) there would do a home study on your house and get the case ready to transfer. If you are serious about this, you can hire a lawyer in WVA to file a petition with the court asking for you to be considered as a placement resource by CYF and to be heard at the next court hearing. If you do not hire an attorney, you will need to appear at the hearings and tell the judge who you are and what you want. The judge may order the agency to investigate you as a potential placement resource and do a home study on you and get things moving with some supervised visitation.

 

Do final PFA hearings always end with the PFA remaining?

Q: My boyfriend recently put a PFA on me. We got in a fight about me not wanting him to go somewhere with me. He went anyway and was mad when I wasn’t there. He screamed and called me names. I tried to explain but he would hang up and changed his number and blocked my emails. The day before he got the PFA he invited me over and told me he loved me, and we had sex. What he wrote on the PFA paper was about events from our past and a long time ago. I really don’t want a PFA on me or my record. I’ve never been in trouble before. Do you think there is a chance it could be dismissed? I have no desire to ever speak to him again. (McKeesport, PA)

A: No, final PFA hearings do not always end in a PFA Order against the defendant. Sometimes the case can be worked out to a civil agreement, sometimes the plaintiff withdraws the PFA and sometimes the PFA is denied by the judge after hearing testimony. You will do better with an attorney. He may have one appointed for him because he is the “victim”. Based on what you say, a judge should not find in favor of him. If you cannot afford an attorney, do the hearing yourself and just tell the judge your side of the story.