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Custody law changes in PA

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Anjelita

Member
What is the name of your state (only U.S. law)? PA

I have temporary sole custody of my 10 year old son. In May 09 my son was abused by his father during a weekend visit. Father was (a year later...) charged and took a plea bargain, he rec'd 5 years probation for simple assault and endangering the welfare of a minor under 12. Father also had to get a psychological evaluation, attend parenting classes and anger management. During the waiting period between me filing for sole custody and the criminal case father had supervised visits biweekly at the court nursery. When criminal case was over the supervised visits ceased pending father attending classes and getting evaluated. My son has not seen his father since Aug 09.

The last court date I had neither father nor his atty showed up for scheduled hearing time, eventually my atty got a hold of father's atty and she showed up 6 hours later (father did not show)... father's atty said that father had attended some anger management and some parenting classes but had not been evaluated. Judge ordered that father bring proof of classes and that a psych evaluator testify via phone conference that father was fit to have visits again.

My next hearing is at the end of this month. I just rec'd a phone call from my atty stating that the PA custody laws either have already or are changing soon and that the Judge can give any visits she wants regardless of what classes he's taken, what he's been convicted of etc. My atty said he saw no point of him being there because of the new laws.

I don't quite understand the law that is changing? Could someone shed some light on this please? If father hasn't accomplished all of the requirements from the criminal case, he can still get visits now?

My son is suffering severely from post traumatic stress disorder from this whole ordeal, his DR advised against visits.

Is there ANYTHING I can do to prevent my son from having to go to these visits again?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? PA

I have temporary sole custody of my 10 year old son. In May 09 my son was abused by his father during a weekend visit. Father was (a year later...) charged and took a plea bargain, he rec'd 5 years probation for simple assault and endangering the welfare of a minor under 12. Father also had to get a psychological evaluation, attend parenting classes and anger management. During the waiting period between me filing for sole custody and the criminal case father had supervised visits biweekly at the court nursery. When criminal case was over the supervised visits ceased pending father attending classes and getting evaluated. My son has not seen his father since Aug 09.

The last court date I had neither father nor his atty showed up for scheduled hearing time, eventually my atty got a hold of father's atty and she showed up 6 hours later (father did not show)... father's atty said that father had attended some anger management and some parenting classes but had not been evaluated. Judge ordered that father bring proof of classes and that a psych evaluator testify via phone conference that father was fit to have visits again.

My next hearing is at the end of this month. I just rec'd a phone call from my atty stating that the PA custody laws either have already or are changing soon and that the Judge can give any visits she wants regardless of what classes he's taken, what he's been convicted of etc. My atty said he saw no point of him being there because of the new laws.

I don't quite understand the law that is changing? Could someone shed some light on this please? If father hasn't accomplished all of the requirements from the criminal case, he can still get visits now?

My son is suffering severely from post traumatic stress disorder from this whole ordeal, his DR advised against visits.

Is there ANYTHING I can do to prevent my son from having to go to these visits again?

I haven't heard of any drastic changes happening in PA law regarding child abuse or other similar issues. It would really surprise me as well. I would get a consult with another family law attorney to verify that the laws are really changing that way.
 

Just Blue

Senior Member
I just rec'd a phone call from my atty stating that the PA custody laws either have already or are changing soon and that the Judge can give any visits she wants regardless of what classes he's taken, what he's been convicted of etc. My atty said he saw no point of him being there because of the new laws

Did you or CAN you ask the attorney to provide you with the new "law"?
 

LdiJ

Senior Member
I thought this before but I will go ahead and say it now.

It almost sounds to me like an attorney who wants to bow out for some reason or another...maybe because the attorney is worried about being paid or has conflicts that are more important to the attorney.
 

Perky

Senior Member

rooms222

Member
The other two links give context about the new law. It may be correct that the attorney wants to bow out. The only other thought I had is that it appears to limit visitation there is now a much more formal process that must be followed, and the attorney believes that with this judge and this case, it is just not happening.....
 

Anjelita

Member
atty left me...

Thank you for the replies, unfortunately I rec'd an email from my atty today stating that he was withdrawing from my case and will withdraw with the court before this Friday (my court date). My legal fees were always paid up, I had been using this atty for a year and a half.

I'm not quite sure what to do now, I have no atty for my Friday hearing and only three days to obtain one, which I'm pretty sure I wont be able to do.

Is there anything that I can do short of just accepting what the Judge says? Would I be allowed to ask for a continuance so I can get another atty?

There is a pretty good chance that father will either not show up or not have an atty either.

ANY advice would be much appreciated. :confused:
 

TinkerBelleLuvr

Senior Member
Can you ask if your attorney will help you draft a motion for a continuance of Friday's date? The judge might possibly NOT allow him to drop you at this time.
 

Tex78704

Member
Your attorney has represented you for the past year and a half in your custody case and you are current on your legal fees?

Now he emails you three days before a hearing notifying you he is off your case and you will have to show up unrepresented for that hearing?

Consider emailing your attorney back suggesting that his emailed notice of intent to withdraw from your case only three days before a hearing is unnacceptable, and that he is expected to attend your hearing. And that if he is a no show, that not only will you contest his withdrawal at the hearing, you may follow up with a complaint to the State Bar.

The judge should at least require this attorney to follow through with this hearing. After that you should arrange to retain another attorney.
 

LdiJ

Senior Member
Your attorney has represented you for the past year and a half in your custody case and you are current on your legal fees?

Now he emails you three days before a hearing notifying you he is off your case and you will have to show up unrepresented for that hearing?

Consider emailing your attorney back suggesting that his emailed notice of intent to withdraw from your case only three days before a hearing is unnacceptable, and that he is expected to attend your hearing. And that if he is a no show, that not only will you contest his withdrawal at the hearing, you may follow up with a complaint to the State Bar.

The judge should at least require this attorney to follow through with this hearing. After that you should arrange to retain another attorney.

I bet you anything the attorney has some kind of conflict and won't show anyway. I would explain to the judge that your attorney withdrew 3 days before the hearing, even though he was fully paid, and ask for a continuance to hire another attorney.
 

mistoffolees

Senior Member
My next hearing is at the end of this month. I just rec'd a phone call from my atty stating that the PA custody laws either have already or are changing soon and that the Judge can give any visits she wants regardless of what classes he's taken, what he's been convicted of etc. My atty said he saw no point of him being there because of the new laws.

I don't quite understand the law that is changing? Could someone shed some light on this please? If father hasn't accomplished all of the requirements from the criminal case, he can still get visits now?

My son is suffering severely from post traumatic stress disorder from this whole ordeal, his DR advised against visits.

Is there ANYTHING I can do to prevent my son from having to go to these visits again?

Even if the law does change to make the classes optional, that doesn't change your status.

You have to prove to the satisfaction of the court that it's unsafe or otherwise harmful for the child to have visitation with your ex. Have the doctor prepared to testify along with any other evidence that you might have. Having a GAL might help, as well.
 

Anjelita

Member
I've always paid my atty retainers ahead of time and save for once the hearings I've had haven't even gone beyond the retainer fee (all been continuances on father's behalf). I wanted to look into getting a different atty anyway, but not 3 days before the hearing.

At our last hearing after over an hour of my son's father and his atty not showing up my atty called his atty to see what was going on. After about another hour he finally got a hold of her, she said she forgot and hadn't heard from my son's father but that she was on her way. My atty kept insisting to the court clerk hour after hour that she was on her way, when the clerk kept asking if he was sure he wanted to wait. It ended up taking her 5 hours from the scheduled hearing time to show up (she said she was at her office which is only a block away from court).

I thought that it would have been more beneficial for us if he had just let them not show up? I ended up having to pay my atty for 7 hours of just sitting waiting because he kept insisting that she was coming (I didn't complain at all though).

Aside from that my atty kept saying things to me like "I think this was just an isolated incident, he's going to have to have visits again sometime" and "Doesn't your son want to see his father". He's known my case from the beginning. My son was physically beaten and tortured for two entire days/nights by his father, he's terrified of him, he wont even speak to men anymore except for his stepfather and uncles. My atty made it seem to me that as soon as my son's father had completed the requirements he would be getting visits back slowly no matter what. Is that true? Can I even fight it? At what age does my son's opinion actually start to matter in court?
 
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gr8rn

Senior Member
I am not sure I have an answer to your question but I would definitely get the case continued in order to obtain proper representation.

My question to you is--is your son in counesling? I believe if not you should get him into counseling asap. When I first saw your initial post, I also researched PA law, since I am in PA, but I saw nothing in the new laws that would change things for you. I would fight any form of unsupervised visitation, and you need an attorney who wants to fight for you and your son.

However, at some point, you may have to consider that the judge will eventually allow visitation, and this is the reason I am suggesting counseling. What the counseler can do is help formulate a safety plan for your son if and when he does have to return to an unsupervised visitation schedule.
 

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