Legal Question in Family Law in Pennsylvania

Limit of Juducial authority

My ex sued me for custody modification due to the fact that I have several pets, and my home is not kept ''clean'' to her standards. Judge ordered HER attorney to inspect and photograph my home. At next hearing, Judge criticized my ''clutter'', and ''cats running loose'', and carpet stains! She ordered the replacement of all carpeting in my home, and all clutter removed to resume visitation with my 10 year old son. She then stated that when these requirements were met, I had to call my ex's attorney so he could come out and inspect my home! Can a judge make me replace stained rugs? (I rent!) Who dictates acceptable living conditions? Most importantly, can a Judge pass Judicial authority to the opposing counsel for the purpose of determining my compliance with the court order?


Asked on 12/15/05, 4:25 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Limit of Juducial authority

A judge has broad discreteion. The power to let the other sides attorney inspect comes from the rigght to discovery in complex cases. The other attorney's reinspection is again discovery related. If he is unsatisfied he can argue you did not comply. If you don't have an attorney I suggest you get one. The fact that you rent should have been weighed by the judge when he or she ordered the carpet replacement.

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Answered on 12/15/05, 5:16 am


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