Messages

Soc,

I called the DA's office after receiving the letter from bio-father. Since the letter was unsigned and not threatening in any way, they are not sure what they will do as far as holding him in contempt.

Today I got calls from some orginazation called "angel network". Apparently this is a center for indigent parents to contact for their children to receive presents for christmas. They in turn submit the names to local churches, schools, etc. Then the names are assigned to whoever wishes to purchase the gifts. I have not gotten the complete details for this orgnization, however the woman that called my home did not know there was an RO or a stay away order. And I don't think knew bio-father was in state custody.

From the information I do have, bio-father contacted this place and gave them the baby's (incorrect) name, my address and phone number. Along with a list of "gifts" but did not give them sizes.

Since this organization contacted my home, On His Behalf, it is my belief this also violated both orders.

Questions,

1. When I contact the DA's office monday, how do I convince them he should be charged with contempt against the stay away order?

2. Should I also file contempt charges with family court? I will be filing the paperwork to extemd the RO this week.

Remember the longer he stays locked up, the safer we all are.

The Witch



Remember . . . KARMA is a Wonderful Thing!!!!!

Soc,

I called the DA's office after receiving the letter from bio-father. Since the letter was unsigned and not threatening in any way, they are not sure what they will do as far as holding him in contempt.

Today I got calls from some orginazation called "angel network". Apparently this is a center for indigent parents to contact for their children to receive presents for christmas. They in turn submit the names to local churches, schools, etc. Then the names are assigned to whoever wishes to purchase the gifts. I have not gotten the complete details for this orgnization, however the woman that called my home did not know there was an RO or a stay away order. And I don't think knew bio-father was in state custody.

From the information I do have, bio-father contacted this place and gave them the baby's (incorrect) name, my address and phone number. Along with a list of "gifts" but did not give them sizes.

Since this organization contacted my home, On His Behalf, it is my belief this also violated both orders.

Questions,

1. When I contact the DA's office monday, how do I convince them he should be charged with contempt against the stay away order?

2. Should I also file contempt charges with family court? I will be filing the paperwork to extemd the RO this week.

Remember the longer he stays locked up, the safer we all are.

The Witch



Remember . . . KARMA is a Wonderful Thing!!!!!

Soc,

state ia PA

Father is presently in state custody for criminal DV against mother. Father sentenced to 18 mths State custody and an additional 10 yrs reporting State probation with the condition set forth in Judges Stay Away Order.

Order states:

And now, wit, this 8th day of Novemner 2004 it is ordered and decreed that a protective order is entered under 18 P.S. Section 4954 on behalf of (XXXX XXXX), family and friends. (the family part is the question here)

It is hereby ordered that the defendant (his name) is prohibited from contacting ot intimidating the above mentioned person(s) either personally or by family, friends, acquaintances or agents and the defendant have no communication what so ever, directly or indirectly with the person(s) named above except through an attorney for a period of 10 years.

This is signed by the criminal court Judge. I am told commiting a defendant to state custody and adding 10 yrs reporting state probation is unheard of in this area on a DV case.

There is also a Order of Protection issued by a family court judge.

The father prior to being sentenced in criminal court, violated the protection order issued by family court. (He wrote 76 letters from the time he was placed in custody till the day after sentencing) The criminal court Judge took this into consideration when sentencing the father.

There is a 11 mth old child that is not listed specifically on the family court protection order, mainly because mother was still pregnant when order was issued. The baby is also not specifically listed on the criminal court stay away order.

The father recently filed for visitation of baby in family court. That is it's own problem and I'll be asking questions on what documents I will need to present at that hearing.

My question here regards the most recent event.

Father sent the child a letter today. It was not threatening in any way. It was not signed and there was no return address. However it is stamped by the prisions mail room department and the hand writing is the same., As is the mis-spelling of the word baby. We are sure the letter was sent by the father. SInce the baby is too young to really receive mail, the mother received the correspondance.

Questions:

1. Do you think a case could be made that either order was violated by his attempting to correspond with the baby? We are more concerned with Criminal court as that Judge would be more likely to find contempt and order continued state time.

2. How does/ would this effect his visitation petition?

Thanks so much

The Witch


Remember . . . KARMA is a Wonderful Thing!!!!!

DD,

DH and I had the same problem with SD. Seems she was also conveniently sick only on visit days. Even though she attended school and other activities on those days. And that she was sick at the time of the exchange but not sick 2 hrs later. But since pick up time had passed, it was too late.

One thing we did was call SD several times during the day we were to have her. This helped in 2 ways. One verified that child was or wasn't home. And verified if mother was or wasn't caring for the "too sick" child.

We filed for contempt several times. While the Judge never actually charged her with contempt he did order more time. But because mother refused to follow orders and instances of child being sick increased, Judge finally ordered if child missed a visit due to illness, mother had to produce a Dr. note with exact diagnoses and treatment plan.

Maybe if you can show a pattern of when she is denying visits (ie: during religious ceremonies for your faith) you can request mother produce Dr note for cancelled visits.

Just a thought

The Witch

Soc,

State is PA, Phila county

Mother involved in relationship with man that physically abused her and is currently in state custody for the assult. His sentence ends in late may and after will be on state probation for 10 yrs. There is a stay away order for the entire 10 yrs.

A RO was issued and that expires early December. Mother will be asking for an extention of the RO for an additional 18 months. Until bio-father was sentenced on the assult charge he violated the RO weekly. Mother filed for contempt but since bio-father was already in jail the court decided not to add more time, but issued another stay away order.

Mother was pregnant at the time of the assult and during the assult bio-father stated his intention of killing the baby.  bio-Father is extreamly possessive and stated, further, mother would not be permitted to allow someone else to raise his child. He didn't succeed in hurting the baby and she is now 11 mths old

Mother became engaged during pregnancy and STBH accepted responsibility for the child and signed acknowledgement of paternity and the BC. Child has his last name.

Yesterday mother rec'd petition for custody/visitation from bio-father. Coincidently, the hearing is scheduled for 1 wk after the RO will expire

Questions

1. How hard would it be to add the baby to the RO? and does a RO trump visitation hearing?

2. Does signing acknowledgement of paternity make STBH the legal father?

3. Can mother and STBH enter into a custody agreement allowing them to have joint physical and legal custody before the december court date?
or
4. Can mother sign custody over to grandmother before court date?

5. Can mother request bio-father is not in same room during hearings?

6. Do I wait to respond to the petition until after the petition to extend the RO?

7. If STBH is removed from BC can I petition to terminate with step-parent adoption before the wedding or must we wait till we are actually married?

8. Would the court order mother to bring child to state pen for visits if bio-father were to actually get visitation? (BTW bio-father has other charges in 2other counties, we are waiting to hear what will happen with these charges. bio-father may be released from state pen into custody of a county jail)

9. Any other suggestions???

The Witch
Remember . . . KARMA is a Wonderful Thing!!!!!

Soc,

State is PA, philadelphia county

Parents not married. No visitation orders yet although parents are following the standard EOW plan. Child is 3 yrs old.

Father is recovering adict and has been clean & sober for more than 6 mths. Mother still active adict.

When returning child to mothers residence father finds her intoxicated or otherwise incapasitated. Father must stay at mothers residence until child is in bed and completely asleep as mother is not capable of caring for child. Drug use is apparent as mother leaves pot/papers and/or white powder etc in living room. Father is very afraid of kidnapping charge if child is not returned Sunday night.

Father has conviction of assult and drug charge from last yr. (assult charge was from bar fight, mother was not involved)

1. Can father refuse to leave child with mother if he finds her drunk or high? and if so do you recommend a police report be made?

2. Would you recomend getting welfare checks for child during the week also?

3. Should father file ex-parte after the next incident or wait till he can show a pattern of drug use?

4. Given fathers past record of assult and drug use, would it be better for grandparents to file for custody?




Remember . . . KARMA is a Wonderful Thing!!!!!

Soc,

Would it make a difference to the answer you gave re:

>3. will it be harder because all three children do have different dads and will be separated?

>>This is probably the biggest hurdle for you to overcome, and you will need a child psychologist to evaluate the potential harm and benefit from splitting the children up vs. not.<<

Since 2 of the dads are going to be working together, can they acknowledge the sibling issue and address ways they will ensure their children remain in close contact.

I know there is a third child that would also need contact, but couldn't that also be accomplished with the mothers parenting time should they get primary custody. (or even offer to take the third child should CPS decide it's necessary.)

Tha Witch

Remember . . . KARMA is a Wonderful Thing!!!!!

Soc,

My 21 yr old D has an RO against her former BF.  He is currently in state custody and I know he will not violate the RO until his release. He is scheduled for release in May. At that point he will be on parole/probation for an additional 10 yrs with the stipulation he cannot contact my D or my family. The RO will terminate in December

She would like to have the RO continued for an additional 18 months. She would also like to add my 8 mth old grand-daughter to the RO. The former BF believes he is the father of the baby. His name is not on the BC and she does not have his last name.

If she applies to have to RO continued another 18 months will there be a hearing where this man will be present and possibly contest continuing the RO?

Given the stipulation of his parole/probation would you recommend extending the RO an additional 18 months?

I should tell you, he was given 3 stay away orders and the RO. He wrote a letter every other day and attempted to call at least once a week until the actual trial for agg assult against my D. The only reason he is in state custody is because he continued to write to us after the trial judge issued her stay away order.


The Witch
Remember . . . KARMA is a Wonderful Thing!!!!!

Soc,

In this situation where the bio-mother has all but abandoned the children, can the father petition for primary custody and request the his wife be named as a guardian also?

Would that require a seperate petition?

The Witch

Soc,

Wouldn't you agree that therapy for this child ( and family) is necessary to have this child understand her position in the parent - child relationship with both parents.

I would think if the child came to the undersatnding she isn't resopnsible for her mothers happiness and were given the tools to understand her mother as a person her view of the reality of her life would change. She could in time, distance herself from the mothers dependancy and have a better life.

The Witch
Remember . . . KARMA is a Wonderful Thing!!!!!