False allegations of spousal abuse

[Determined dad]

1.  What should I do if my spouse has made false allegations of spousal abuse and is using those allegations as justification to flee the jurisdiction where a custody proceeding is pending?  (Although we have an initial custody hearing scheduled for 2/9 in Philadelphia, she left PA and has now filed for custody under the Family Violence Protection Act in Georgia.  I have NEVER touched her, she has no police reports or proof of abuse, and in fact when we first separated and began to have custody disagreements, I called the police several times to assist me in retrieving my children and to mediate between me and my wife so as to avoid this very type of accusation).  

2.  I noticed one of the articles regarding parental kidnapping that it is advised to file for divorce immediately if I have not already done so.  What is the reasoning behind immediately filing for divorce if custody proceedings have already begun?  (I have an attorney representing me with my custody issues and have no $ left for a divorce lawyer or to pay my lawyer to represent me in a divorce proceeding.  I have investigated a number of do-it-yourself divorce programs for uncontested divorce, but notice that many of them advise to get an attorney if there are custody issues to resolve.  Once a custody order is issued by the PA court can I just file an uncontested divorce and attach the order, or will I have to wait for everything to play out in both jurisdictions, PA and GA, before I can file for an uncontested divorce?)

3.  Will I need to get an attorney in GA?  The GA statute is pretty clear about defering jurisdiction, but the Family Violence spin adds some issues.  PA is clearly the competent jurisdiction according even to the GA statute and my wife and I both filed for custody here in PA.  She, however, has now left PA and has filed again in GA claiming she had to flee due to abuse or threat of abuse, which is a complete fabrication.  Will I need a GA attorney to file papers and get the GA claims appropriately dismissed and defered to PA or is that something me or my PA attorney can handle?        

[billk]

In paragraph 1 of your post you mention that a custody hearing is already scheduled and that she has re-filed for custody after fleeing to Georgia. Then in paragraph 2 you state that you already have a local attorney working on your custody case. Hasn't your attorney given you any information regarding your concerns?

It's my understanding (although I could be wrong) that matters involving situation such as yours are deferred to the court where the original filing took place. I would think that having your attorney send an answer to the court regarding her complaint requesting a dismissal or if the GA Circuit requires, a "show cause" hearing, attaching the original documentation within the PA Circuit, at which point you may or may not need representation in GA. Your current attorney should be able to get the answers you need relatively quickly regarding the jurisdiction issue.

I would certainly recommend that you document Everything, and make an attempt to backtrack and document the dates where you requested police involvement in the previous visitation issues. Including requesting copies of the police reports from the dates when they were involved, citing the date, times, officers names, and reason for the request of their involvement. I would think modification of your custody petition is also in order, requesting make up time for the time you've missed while the children have been removed from the State of PA.

Good luck with your case.

[antonin]

1. How can you be scheduled for a custody hearing with no divorce action being filed? When a divorce action is filed, the petitioner sues for custody. Is this a court hearing or an informal meeting between lawyers?

2. I do not want to alarm you, but if no divorce has been filed, I believe she can go to GA and file for divorce. Depends on the residency requirements. The court will not construe you spouse's actions as parental kidnapping if they buy her allegations
(and they will).

3. GA, like many states, makes it easy for a female to make false allegations and steal a man's kids. Please visit this site to see how easy GA makes it::

http://www.glsp.org/extranet/DomesticViolence.htm

As you can see, she can get an exparte and you are done for.

Here is what happened to me:

1. Ex snatched my daughter  Sept. 01. Loots house. Takes all possessions. Moved 65 miles away to ex's father's.  Ex filed ex parte for sole custody and EOW. Motion granted.
2. Wife enrolled herself and daughter (7 years old) in a women's shelter after filing.
3.  Ex claimed I was physically abusive to daughter and herself. Two therapists from woman's shelter wrote letters saying daughter and mother exhibited signs of people exiting abusive relationships.
4. FOC investigator recommended 50/50 placement.
5. Stipulated agreement gave me 18 months to move 65 miles to within 20 mi of    ex's residence to implement 50/50.  I took all bills, including ex's 64,000.00 student loan, her credit cards, his loans and credit cards, 246.00 a week CS, 800 alimony (for 3 years), and paid 565.00 a month for ex's truck and car insurance,
Additionally, I agreed to pay CS as though ex had sole custody for 3 years, regardless of my parenting time with daughter.
6. I  put house on market April 03, Purchase agreement signed. House deal  
goes bad in Sept 03. I moved anyway to apt in child's area. I filed
bankruptcy Fall 03. My house is repossessed. I lose 50,000.00 in house  equity. I begin 50/50 custody Fall 03 and drive 130 mi. RT to work each day.

I think you need some serious legal help. post your problem on SOC's board.