Legal Question in Family Law in Pennsylvania

joint custody-PAS
My ex and I divorced 7 years ago due to physical, psychological, and verbal abuse. Since that time, my husband has used our children to continue the verbal and psychological abuse. We have joint custody but he has changed the children's school, dr., dentist without my knowledge or consent. I am not given access to the information and have recently determined that his new wife is listed as the mother on all of their medical and dental information. I have spent 15,000-20,000 in legal fees being drug in and out of court and have exhausted all finances. Where do I turn?

Asked on 7/21/08, 6:00 pm

2 Answers from Attorneys

Paula Hopkins Paula Hopkins, Attorney at Law

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Re: joint custody-PAS

Unfortunately, there are no easy answers for the situation that you describe--but then you know that already. Under Pennsylvania law, if you have joint physical and legal custody, your husband may not have had the authority to change the children's schools, doctors and dentists without your knowledge and your consent, but you will need a lawyer to review the orders in your case to make that determination. If your husband was acting without authority, you may have to go back to court to resolve this conflict. Alternative dispute resolution, such as mediation and collaborative law, may also help you to resolve these conflicts if your ex-husband is willing to participate.

Some courts are using parent coordinators to investigate and resolve ongoing disputes in difficult custody cases. And there are some counties that have pro bono programs that provide attorneys at custody conciliations to unrepresented parties who qualify for assistance. You may want to check with your local bar association and court of common pleas to see what options may be available in your jurisdiction.

You can use self help to notify the doctors in a strongly worded letter that you (and not your husband's new wife) are the mother of your children.

Finally, insurance coverage for legal fees is available in some jurisdictions. You may want to look into that option. Try not to give up hope--your children are worth the effort and expense. Good luck.

Answered on 7/22/08, 3:56 pm

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