Tag Archives: FAMILY LAW

How can I get custody of my 14-month-old brother?

Q: Me and my fiancé have been taking care of my baby brother. My mom really doesn’t help. He has been at my house most of his life. For three months going on four months he hasn’t been at her house at all. She lost my two siblings to CYF. I have another brother who is with an uncle. She is supposed to go to drug classes and doesn’t because she feels she shouldn’t have to (that’s the only way she can see him). She comes over here and leaves and doesn’t take him, but when she gets mad she says give me my son or I’m filing kidnapping charges. I text her and ask her if she has food and diapers for him and she says no, she must go to the store (which she has been to plenty of times). She texts me and tells me she wants to die. I tried to 302 her but it was denied (I have no idea why) I need to keep my brother safe. What should I do? (Pittsburgh, PA)

A: I am wondering how she has custody of your brother with her CYF history, based on what you are saying about her condition and history. Perhaps you should try to reach out to CYF to see if they have an active case, or perhaps talk to the caseworker for the other children who apparently were dependent and in CYF care. If you can get their interest, and you want to put yourself forward as a potential placement resource, you need to have a suitable home and situation for a child. If CYF will not get involved for whatever reason, you might be able to file a petition for dependency and request that the child be placed with you. You can also seek the advice of a lawyer. If you cannot afford one, call the Allegheny County Bar Association. They may be able to advise you or refer you to an appropriate agency. If an emergency ever arises, you can also go to motions court through the pro se (self-representation) process and file an emergency motion for custody.

Do I need a lawyer? Does he have a case?

Q: My husband and I have a 27 years old autistic son, I took care of him until he was 18 years old. He has been living with my husband since then. My husband wants to get divorce now and hired a lawyer to sue me for child support. My son receives SS and PPL. will I have to pay him? He makes more than 300,000 a year. I make $1,000 a month. (West View, PA)

A: Just because one parent earns much more than the other does not necessarily mean that the lower earning parent will not owe child support. The net incomes, in addition to other information (i.e. other support obligations, household income, unusual debts and expenses) are computed under the state child support guidelines. However, this is quite a disparity of income and should give your attorney much to work with to lower your support as much as possible.

Can I appeal Mediator’s decision in child custody?

Q: I am in mediation for child custody. It is getting me NOWHERE! I am asking for spit custody, I end up with one weekend a month. How do I appeal the mediator’s decision? Do I file DE NOVO? What motion would I submit?

A: If you are referring to Allegheny County custody mediation, yes. The mediator only makes a recommendation. If you agree with it, you can enter a consent custody agreement with the other parent which is presented to a judge to sign off on. If you do not agree, you need to file a Praecipe for a Conciliation. The case will now be in the pipeline to a judge for conciliation first, then trial. I suggest that you hire a lawyer to navigate this for you.

How do I resign my legal guardianship of my niece which was appointed by a judge?

Q: I was given guardianship of my niece and no longer want it. I believe she is better with her mother and I want to give my sister back full guardianship of her child.

A:  I would consult with an attorney with whom you could share all the information needed for someone to thoroughly respond to this question. Was this a guardianship through Orphan’s Court or Family Court? It matters as the procedure to transfer guardianship to someone else would be different. In any event, you will need to petition the court, either Family Court or Orphan’s Court assuming that an order of court placed her with you.

Where do I stand as a father with mom and CYF?

Q: The mother of my child is hiding a wanted homicide suspect and has drugs out in the open. CYF goes in takes custody of my daughter. THE CYF lady calls me a day later tells me there is a shelter hearing. At the shelter hearing CYF said they don’t recommend me because my background checks haven’t come back yet. The judge awards me physical and legal custody anyway now they are basically bullying me into visits after mom threatened to take my daughter. Also, they are saying I have to do classes a “community conference” drug tests and a few other things. Do I have rights as a parent and person or do I have to go along with the show also can I fight so my daughter doesn’t go back to mom or is it up to CYF. (North Braddock, PA)

A: You absolutely have rights as a parent in the juvenile dependency action. You will do better with an attorney asserting those rights for you at the next shelter hearing or review hearing. There are not many attorneys who handle juvenile dependency but there are a few who know that system well. You may want to find one. If you are drug free let them test you as much as they want. Unless your clearances come back with child sex offenses or child lines, as a biological parent, you cannot be denied custody due to a criminal history. As pointed out by my colleague, you can file for custody as well. You can always go through Generations but you may want to initiate Family Division custody with a motion to your assigned judge.

Why is it that men are not treated the same as women when it comes to a PFA’s.

Q: My son’s mother always file mendacious, vituperous and false PFA’s when I don’t give her what she wants financially and she uses the PFA system to obtain custody as well.

A: Some say women are favored in PFA (Protection From Abuse Act) hearings. That has not been my experience. When the allegations in the PFA petition are questionable, I have always found the judge’s to be fair and where justified, deny the PFA petition. If there are no injuries, the story is suspicious and the man has a credible explanation, I find the judge’s to be pretty fair. Perhaps your son has not been represented by a lawyer and if so you may want to hire counsel for his next PFA.

 

Wife had me sign divorce papers when I was on medication in hosptial

Q: Would any paper work I sign while in the hospital stand in court dealing with a divorce while medicated. While in the hospital with blood clots in my lungs my wife brought up papers that I thought were Annulment papers, and I signed them. Where in reality they were just separation papers, and she did not inform me of this until this week. When she brought the paper work up there I was on two different narcotic pain medications, and went off her word as to what I was signing.

A: You could file a petition in family court to nullify the forms you signed. You probably need a medical opinion from the treating physician that due to your medications, you were not competent. The judge may set it for a hearing, at which time you could have the doctor testify by phone.

 

Can I drop a PFA?

Q: How can I go about dropping a three year PFA. People are telling me that the judge will not drop it. The PFA is for physical and mental abuse. There have been many times I wanted to contact him but they said I will go to jail if I contact him?

A:  “They” may not telling you the truth, and may be telling you this out of their concern for your safety. To “drop” the Protection From Abuse Order, you need to hire a lawyer and go to court with a Petition to Terminate PFA. Be prepared for the judge to ask you questions about your state of mind, the history of abuse and the prospect of the cycle repeating itself. If there is any chance that abuse may continue you may want to look into counseling before you do this.

Husband will not give my son back

Q: My husband who no longer lives with us took our son to spend time with him but won’t return him, how do I get him back? We live in Pennsylvania. My husband moved out in the first week of December last year. He is emotionally and physically abusive. I have had the chance to leave him several times but became one of those victims that always goes back. Well I am happy to say I am no longer going back. Yesterday, my husband showed up wanting to see our son so I let him. Now he won’t give him back. There is no custody order and no divorce papers, yet. How do I get back my son?

A:  You have to file for custody in court. Without a custody court order which spell out which parent has physical custody, which parent has visitation, etc., unfortunately, either parent can keep the child from the other parent, as harmful as that may be to the child. I would advise getting a lawyer. The lawyer can start the custody process. This would be by going to motions court and getting an emergency temporary custody order then simultaneously filing for custody mediation, which is mandatory in Allegheny County.

 

We are transferring physical and legal custody to a family member. Is it permanent until the kids are 18?

Q. My husband & I are transferring physical & legal custody of the children to a family member. It is my understanding this will be permanent until they reach age 18. Is that correct?? Or can that order later be broken such as in a divorce or any other situation?

A. The answer depends on how you are transferring custody. There is a different procedure if it is child custody in adult Family Division, as opposed to under a guardianship or under juvenile dependency law. You should consult an attorney to review your rights. I assume you are doing it in adult Family Court? If so, make sure your attorney titles the order “interim”, which means temporary. This way, it can be modified in the future. If you are doing this under jurisdiction of juvenile dependency rules, you will want an order for Permanent Legal Custodian, or PLC, which can be modified in the future. It could be that you don’t need court involvement at all, which would actually be better for you in regard to returning custody to you in the future. Since I do not know all of the facts here, you really should sit down with a family law attorney and thoroughly discuss the entire situation.