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Jun 15, 2024, 04:31:21 AM

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Using PFA to many plate custody

Started by auntkelly2011, Jun 02, 2018, 06:10:17 PM

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I am posting this for my friend Tim. About a year and a half to 2 years ago he and his wife split up, she immediately filed for a PFA putting him into the county jail, then into court ordered rehabilitation regarding his alleged alcohol use. At that time he did not truly know his right's nor did he have access to a decent lawyer, thus he just complied with the order, and is now at the end of completing the court ordered rehab program. The child has been able to see him when he was given a day pass to visit his mother, which was the mutually agreed upon verbal arrangement mediated by his mother who's tried to remain as neutral as possible. So, for the past year at the minimum, he has seen his son at his mothers, and the only contact with his ex wife was whatevery verbally relayed through his mom. Recently, the ex wife, WITHOUT provocation decided to request an extension of the PFA and modification denying him any visitation with his son. As far as we are aware his mother knew nothing about this.....and as of right now the PFA will be extended with said modification if he does not respond. The only thing we can theorize that may have caused the ex wife to do this would be his mother telling her (without him knowing) that I have given him all of the necessary form's and paperwork to file for divorce and for custody. (Separate filings) There was no other provocation,  thus would it be fair to state that she is manipulating the courts and PFA to suit her CUSTODY desires if she has no tangible evidence to sumbit?
Common sense and other Intel do point to the ex wife's continued  (she used while they were married) drug abuse, hence the manipulation of the courts to avoid her paying any fees associated with an actual custody and divorce procceding. It is also of note that she repeatedly denies him visits with his son unless her demands for money (of course through his mom) are met FIRST. I don't want to think his own mother is in kahoots with her, but honestly that's not the issue at hand, it just seems to be logical that if she is still using, and is in the wrong for using the PFA to try to keep him at her arms length. With her demands for money and PFA extension it all seems to be an attempt to manipulate using the PFA to keep him away, legally, yet shes still allowing the visits through his somewhat naieve mom.....any advice?