Legal Question in Family Law in Pennsylvania
revise exist. order due to drug & alch. abuse
Divorced in '97 in PA-DRS set support and visit order. Was and am living in NJ ex in PA, though he lived in NJ for 1 yr. Ex quit his job and went on D&A binge for last 9 mos almost died in Mar '04 from arterial nose bleed. Has no perm address just PO box. Sees kids 2x/mo at his moms but has been taking them to addict girlfriends. Kids come home filthy. 8 yr old asking graphic questions, foul words used innocently. Sporadic support,4k in arrears, but that's not problem. I do not want kids around this environment. Tried supervised visit at moms but he just leaves. Oldest is 12 and seeing problems grades have dropped he is angry and crying alot. Tried to go through proper channels and cannot find help. This has been going on for 9 months. Since I live 2 hours from venue I cannot easily find attorney. DRS NO HELP--I tried to get case transferred to NJ when he owned a home and lived here but he retained his PO box and they would not transfer and got angry at me for asking. I am very tired and frustrated. I have been remarried for 3 years and we have a very stable home environment. There's so much more to say, but in a nutshell there is the problem. Thank you for your help.
2 Answers from Attorneys
Re: revise exist. order due to drug & alch. abuse
If the children have been here for more than 6 months, and are permanently residing here, you may seek to have the Court in NJ assume jurisdiction over custody/parenting time issues and child support. If you believe that it is not in the best interests of the children to spend time with their father, you may apply to suspend his visitation/parenting time. You will need to file a formal application in NJ. If you would like to further discuss this matter, please feel free to call my secretary, Debbie, at 856-795-6700 to schedule a consultation.
Re: revise exist. order due to drug & alch. abuse
As the children have been residing in NJ for over 6 months, you would be able to have NJ take jurisdiction over the custody matter. You can then Petition to Modify your current custody order to limit your children's father's visitation to supervised visitation or to obtain other restrictions the court may feel necessary for the children's protection. You should contact an experienced domestic relations attorney in your home county.
Ilene Young, Esquire/ Civil & Family Practice 215-444-0445
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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