Legal Question in Family Law in Pennsylvania

Ignoring a subpoena?

I am 15 years old, and 5 months ago had a child. Since then, my mother has passed away, and I have been forced, due to my age, to relocate from my home in FL to PA with my father. Recently, the father of my child, who has been supportive of me and is almost 18, has filed a subpoena in an attempt to get myself and the baby back in FL. The subpoena calls for both my father and I to go back to FL to fight it. What happens if my father ignores it?


Asked on 12/16/08, 1:21 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Ignoring a subpoena?

You asked about a subpoena to appear in a distant state.

My condolences on your loss.

You need to hire an attorney in Florida to handle the matter.

Ignoring the subpoena is not an option, but out of state courts cannot generally force a person to travel. (There are some exceptions.)

You also must hire an attorney in Pennsylvania to file for custody.

This matter could get quite messy but it should only be fought in one place and not two. The attorney in Florida should make a special appearance to fight the subpoena and the matter filed there as an inconvenient forum and improper jurisdiction.

Seriously, you need to get legal advice right away. This shouldn't be an expensive matter but if the biological father has substantial resources it could be.

Good luck.

Regards,

Roger

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Answered on 12/17/08, 2:26 pm


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