Forma Pauperis

[funnybabyboy200]

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

I have tried to look up info on forma pauperis, and I'm not really finding what I would like to know, so I know somebody here has the answer.

I understand what it is, a petition to the court saying that you're broke and you would like to be excused for associated filing fees.

I also understand that if the court accepts your request to file in forma pauperis, you can not HIRE an attorney, but you can have an attorney represent you pro bono.

Here's my question: If my ex, who filed forma pauperis, allows our court recommended custody agreement to be signed by the judge without filing for an exception, which will happen on the 8th, will he be able to re-file for custody after that point with a paid attorney?

By the way, I think it was mistoffolees who recommended Mom's House, Dad's House, and I LOVE it. I am eagerly reading this! Thanks for the great recommendation!

 

[mistoffolees]

Please keep your questions together and add them to an existing thread. It makes it much harder when volunteers have to go search your history.

First, you are misunderstanding forma pauperis. It does not mean you will have an attorney appointed for you. In PA, an attorney is only appointed for very specific things:

Appointed counsel is required for indigent parents in parental termination cases upon their request.131 Due process also requires appointment of counsel for indigent defendants in civil paternity actions.132 There is no right to counsel in divorce, custody, or support proceedings.133

http://www.nyls.edu/user_files/1/3/4/30/59/65/68/Capstone070804.pdf
If the case does not involve parental termination or paternity, then you can't get an attorney appointed.

Forma pauperis generally means that you don't have to pay the court fees, not that you get an attorney appointed. Google 'Forma pauperis pennsylvania' for more information.

 

[funnybabyboy200]

Misto, my previous thread was locked, so I wasn't able to add this question.

I guess I'm not asking my question with enough clarity...& I understand that my post hx may effect the answer, so sorry for the breakdown.

My ex filed in forma pauperis, pro se. According to my understanding of in forma pauperis, he is not allowed to PAY an attorney, however, he can find one to represent him pro bono. The bar association will not find you a pro bono attorney for a civil case in PA, at least locally they won't. So he is pro se, in forma pauperis, unless he can independently locate an attorney to represent him for free, at which point they would have to file "in praecibe" (SP??), stating that they are representing him for free, & he is broke.

So, since he can't pay an attorney, I anticipate him allowing the order to be signed by the judge, which would end litigation, correct? The judge signs the order, the order goes into effect, and as far as the court is concerned it's a done deal (I know that custody is never considered FINAL, he can always re-file for a modification, especially in PA where you don't need a CoC to file) Once his litigation, which began with his in forma pauperis motion, is complete, can he re-file NOT using in forma pauperis, & with paid legal representation?

He filed in forma pauperis back in November, but he does have access to money. His student loan disbursement will be coming in early March, & the amount will be $5000, plus whatever grant money remains in his account once school expenses are paid. That's a pretty formidable amount of money, especially since I've been paying legal fees since November. I am considering drawing from my 401k, & that's a process that takes approximately 25 days from inquiry to the check arriving. I've already investigated it. My retainer is darn near completely spent.

 

[funnybabyboy200]

I suppose I will have to head back down to the court house and spend some more time in the law library.

The more I learn, the more curious I become.

I read that article, misto, and it's interesting.

 

[funnybabyboy200]

If a psychological evaluation is requested for a custody dispute, what is to be expected? What does the eval typically entail? Does it typically have heavy sway in the judge's decision?