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pfa's and custody battles. any lawers around here? or help?

a friend of mine that i work with is going through a nasty divorce. his wife filed a pfa on him for no good reason saying that he beat the crap out of her because she wont let him see his daughter. my first question being; can she actually do that without any proof at all and can it effect his rights to see his daughter? and also shes trying to keep his daughter away from him, he cant afford a lawer or counseling for this. my second question is; can she actually make so he can never see his daughter? and how much would it take for her to do that? ive looked it up on the internet and cant find anything for the state of pa. does anyone know answers to any of these questions?? my friend really needs the help, hes really depressed and cant afford anything to help him with this very hard time. i would really appreciate any help you can give.

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Asked by Anonymous at 12:17 PM on Oct. 7, 2008 in General Parenting

Answers (3)
  • I am assuming a pfa is a protective order? No, that can't be used to keep his daughter away from him but, if she has the daughter then she doesn't have to let him see her just like if he had the child he wouldn't have to let her the wife see the daughter. And they usually don't allow those to be used in court because you don't have to have any proof when obtaining them, if its a protective order. If the child is in a daycare he could get the birth certificate and try to pick her up they both have equal rights and I don't believe the daycare could stop him from taking the child unless she has some sort of custody papers already. Have him go talk to a probate judge about getting a emergency custody order that will give him court ordered visits or even custody. You don't have to have a lawyer to go to court he go pick up the paperwork and file it himself.

    Answer by matthewscandi at 12:56 PM on Oct. 7, 2008

  • the only way he could get his rights taken away is if he were to have hurt the CHILD... he has rights to his child just as much as she does (unless court papers say other wise) even if the mom ends up with sole custody the dad will still be able to see his kid. the mom can not legally make it so the dad can never see his kid again (again unless something did happen)... the other part of the question: yes in order for it to count in court there would have to be a complaint filed with proof of abuse. have the guy write down when and where he talks to the mom so if she slips on her story then he can get her red handed.

    Answer by Ambreelulu at 1:08 PM on Oct. 7, 2008

  • He needs to document every single instance of false claims. He needs to not be around her without a legitimate witnesss (not his new girlfriend, but rather his boss or a friend who's a professional, etc). He needs to document every instance where she does not permit him to see his daughter.

    She does NOT have any right to keep him from her, especially if there is already a visitation order written.

    If there's not, he needs to get one and fast. He needs to request that hand-offs be either in the school office (witnesses) or at a police station if the child's notin school yet.

    He can do it pro se (without a lawyer), but he's going to have to be meticulous about record keeping, documenting and never, ever being alone with his ex (and probably with his daughter if the mom decides to coach her into saying that he molests her).

    Answer by Avarah at 2:57 PM on Oct. 7, 2008

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