Interstate Custody Saga

[dgs49]

I have recently been brought up to date on a child custody dispute that is so incredibly frightful that I'm tempted to recommend forms of "self help" that could land someone in jail for a long time.

Without betraying any confidences, the facts are as follows:

The father ("H") is a middle-aged entrepreneur who married for the first time at age 45. His bride ("W") was 35 and an emancipated adult living nearby, and working as a public school counselor. Both are natives of Pennsylvania, and have been living in Florida for many years; both owned real property and lived in their own private residences prior to the marriage. They did not live together before marriage, but considering their ages they decided that they want to have at least one child as soon as possible after they got married. They got married in church in Pennsylvania, largely to accommodate the various relatives who would be attending the wedding. Shortly after the marriage H paid off W's student loans and the mortgage on W's condo (which she retained, "temporarily."). They set up housekeeping in his house in Florida.

A child (daughter) was conceived, basically, on their honeymoon and was born 9 months later, in Florida, completely healthy. W quit her job when she was 3 months pregnant, advising her employer that she was quitting permanently to become a full-time mother.

Shortly after the birth of the daughter, W began complaining about various things with the house and their relationship. Once, when H was away on a business trip, she called him in the middle of the night and said she had left the house and gone with the baby to her condo, because she had seen a Bug in the house. Really. H curtailed his trip, came home and went to her condo, only to find that W had called "911" and said he was threatening her and the child with physical violence. Although the police found no indication of any of that, a police report was filed.

They planned a short trip back "home" to Pennsylvania, so that various relatives could see the baby, and W took that occasion to tell H, for the first time, that she wanted to move back "home."

When it was time to go back to Florida, W said she was going to remain with her mother in Pennsylvania, "for a little while."

That was three years ago. H has not seen his daughter in three years. W filed a PFA in Pennsylvania, based on the 911-call that was made in Florida a few weeks earlier. W filed for divorce in Pennsylvania, claiming that (a) they were legal residents of Pennsylvania (at the address of H's father). She (not surprisingly) filed for full custody, mentioning the PFA and the 91 call from Florida.

How can this happen? W's uncle is a well-connected family-law attorney in the county where W's parents live. He is drinking buddies with the only Common Pleas Court judge who handles family law cases in that county. The WHOLE THING was obviously planned from a time before they even got married. She wanted a baby and a meal ticket. And, aided and abetted by the Pennsylvania court system, that's exactly what she got. He is paying substantial child support, and cannot even visit his daughter without (theoretically) court supervision, but on the advice of his Florida counsel, he is afraid to try to schedule a visit because there is an open warrant for his arrest (domestic violence?) in Pennsylvania.

H has gone through $70 thousand in legal fees trying to get a reasonable custody resolution. The courts in Florida have awarded him joint custody, but the Pennsylvania court refuses to acknowledge jurisdiction. The respective judges have actually spoken, with the PA judge ending the conversation by telling the judge in Florida, "I don't care what you rule." The attorneys H has hired in PA have uniformly just thrown up their hands (the last one returned his retainer), saying that the situation in [blank] county was irresolvable. The judge is in the pocket of the lawyer, who masterminded the whole scam, so there is nothing to be done about it. The lawyer in PA has knowingly lied to the court about non-payment of child support and imaginary instances of physical abuse and threats.

My only suggestion to H was that he might send a letter to the PA Bar Disciplinary Board, complaining about the lawyer. Sometimes that can bring a bit of light and heat to a situation. But that would be a declaration of war, which could make things worse, though I am not sure how.

This has been going on for three years and there is no end in sight. W is still living with her mother, not employed, raising the child. H is paying over a thousand a month in child support.

Where is Tony Soprano when you need him?

[Long Run]

Similar situation happened to an acquaintance's family here recently. There was a good and impartial judge, however, and the false abuse charges were exposed. The kids were older and could be evaluated by a professional to help get at the real story.

As for the woman trapping a well-to-do man with a baby under false pretenses, that happens (though I have not heard of many instances in my world). Professional sports leagues have explicit instructions for their younger players about how to avoid just such a thing (e.g., flush the condom).

In the PA case, the father only has to pay $1,000 or so per month in child support? That seems pretty light. Hopefully, he did not get stuck with any alimony, or maybe they are not yet divorced.

Sounds like he has good lawyers, so it makes little sense to kick in ideas. But I would think if he could get an actual definitive ruling in Florida as to residency and custody that that would set up a conflict of laws situation. The PA courts would be obliged to honor the Florida ruling. If the biased judge did not, then his ruling could be appealed to a hopefully impartial court.

[BoSoxGal]

If the baby was born in Florida, then Florida courts should have jurisdiction over the child, unless the H didn't file something there within 6 months of W's refusal to return, and W waited six months before filing to establish residency and jurisdiction over the child in PA. If the common pleas judge is ignoring the clear jurisdiction of the Florida courts, then his rulings should be appealed to a higher court in PA. He needs to find a PA lawyer willing to take this obvious step. ETA, that may entail finding a PA lawyer who doesn't typically practice before that common pleas judge and is therefore unafraid of ramifications for filing the appeal.

[Jarlaxle]

1) Stop paying child support.
2) Get as much cash as possible, and a shotgun.
3) Hit a flea market for some fake documents.
4) Head to PA.
5) Take the child.
6) Cleanse the gene pool with the shotgun.
7) Haul ass for Canada. It's a day's drive from anywhere in PA.

[dgs49]

Florida court has asserted jurisdiction of the child. The PA court ignores it.

I don't think there has been any "judgment" in PA that could be appealed.

Truly a third world situation.

We have discussed various forms of "self help," but you just never know how it's going to turn out. We have discussed a professional kidnapping of the child and bringing her to Florida, with the hope that the Florida courts would ultimately stand behind H, but that's problematic. With the amount of legal advice W is getting in Pennsylvania, she would know just what sorts of complaints to file to make H look like a felon.

I don't know the exact amount of child support. I know it is in four figures every month.

[BoSoxGal]

If the PA common pleas court is ordering anything - child support, supervised visitation, etc. - then that's a judgment which can be appealed based on that court's incorrect assertion of jurisdiction.

This is not a new area of law; these kind of cases have occurred many times before. If your friend/relative's PA attorneys are not aware of any avenues to appeal this situation, he needs to be spending his money on different attorneys.

I have a trusted colleague who practices in Philadelphia. Let me know by PM if you are seeking a referral to a top-notch family law litigator who can handle this issue.

[Jarlaxle]

We have discussed various forms of "self help," but you just never know how it's going to turn out.

The simplest solution would probably be a good match rifle, some match ammo, and a thousand-yard patch. The bitch is on the ground & the rifle is apart & in its case before she hears the shot.