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  1. #1
    rcf92 is offline Junior Member
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    Jan 2008
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    Custody Hearing w/ PFA

    What is the name of your state? PA

    My wife has a history of mental illness dating back over 20 years. Since Thanksgiving, she has been in the midst of a bipolar episode. On 12/20/07, she filed a Protection From Abuse against me based on allegations of an incident that happened eight months prior. The original PFA request granted her custody of my two children, with my obtaining visitation only with her approval.

    Events leading up to the PFA hearing caused me to get Children’s services involved. On 1/2/08, the day of the hearing, the Children’s Bureau interviewed my children and I, and based on our disclosures, the judge ordered the safety plan outlined by the Children’s Bureau be followed. The safety plan states:

    • My wife receive mental health treatment
    • She may have supervised visitation with my children so long as she peruses mental health treatment
    • The children will reside with me until further determined.

    I’ve now received divorce papers, and a custody hearing has been scheduled for 2/14/08. She is seeking custody of my children, along with alimony. Paragraph 12 of the Custody papers states the “Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court.”

    Does the temporary PFA ruling supersede this custody hearing? The PFA hearing on January 2 was continued to March 23, 08. Regarding the mental health treatment my wife has received, she went to a previously scheduled appointment with a psychiatrist, who stated she doesn’t have bipolar. I have evidence which would refute this:

    • 27 voice messages on my cell phone (in violation of the PFA) stating at 3:45 am through 7:15 am.
    • Her father signing papers to have her committed to an inpatient mental health facility, which he was unsuccessful in doing.
    • Her father calling the police to have her removed from his home one day after she planned on moving in to live with him.

    Would it be reasonable to set up an appointment with her attorney to bring to light the details of the PFA, and see if she will consider withdrawing the custody and divorce filings? Every time my wife has one of these episodes, the first thing she wants is a divorce. This time she has actually gone through with the paperwork, but once she comes out of the manic / depressive state, she does not want one. Since this has happened, has gone from weighing 108 lbs to 92 lbs, so she has serious health issues. Because of the PFA, I’m limited in getting her the help she needs.

    Much thanks for any help you can provide.
  2. #2
    LdiJ is offline Senior Member
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    May 2004
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    Quote Originally Posted by rcf92 View Post
    What is the name of your state? PA

    My wife has a history of mental illness dating back over 20 years. Since Thanksgiving, she has been in the midst of a bipolar episode. On 12/20/07, she filed a Protection From Abuse against me based on allegations of an incident that happened eight months prior. The original PFA request granted her custody of my two children, with my obtaining visitation only with her approval.

    Events leading up to the PFA hearing caused me to get Children’s services involved. On 1/2/08, the day of the hearing, the Children’s Bureau interviewed my children and I, and based on our disclosures, the judge ordered the safety plan outlined by the Children’s Bureau be followed. The safety plan states:

    • My wife receive mental health treatment
    • She may have supervised visitation with my children so long as she peruses mental health treatment
    • The children will reside with me until further determined.

    I’ve now received divorce papers, and a custody hearing has been scheduled for 2/14/08. She is seeking custody of my children, along with alimony. Paragraph 12 of the Custody papers states the “Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court.”

    Does the temporary PFA ruling supersede this custody hearing? The PFA hearing on January 2 was continued to March 23, 08. Regarding the mental health treatment my wife has received, she went to a previously scheduled appointment with a psychiatrist, who stated she doesn’t have bipolar. I have evidence which would refute this:

    • 27 voice messages on my cell phone (in violation of the PFA) stating at 3:45 am through 7:15 am.
    • Her father signing papers to have her committed to an inpatient mental health facility, which he was unsuccessful in doing.
    • Her father calling the police to have her removed from his home one day after she planned on moving in to live with him.

    Would it be reasonable to set up an appointment with her attorney to bring to light the details of the PFA, and see if she will consider withdrawing the custody and divorce filings? Every time my wife has one of these episodes, the first thing she wants is a divorce. This time she has actually gone through with the paperwork, but once she comes out of the manic / depressive state, she does not want one. Since this has happened, has gone from weighing 108 lbs to 92 lbs, so she has serious health issues. Because of the PFA, I’m limited in getting her the help she needs.

    Much thanks for any help you can provide.
    I would strongly recommend that you get an attorney on board, ASAP. You need to respond to mom's petition for custody with a petition for it to be dismissed based on the prior case.
  3. #3
    casa is offline Senior Member
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    Quote Originally Posted by rcf92 View Post
    What is the name of your state? PA

    My wife has a history of mental illness dating back over 20 years. Since Thanksgiving, she has been in the midst of a bipolar episode. On 12/20/07, she filed a Protection From Abuse against me based on allegations of an incident that happened eight months prior. The original PFA request granted her custody of my two children, with my obtaining visitation only with her approval.

    Events leading up to the PFA hearing caused me to get Children’s services involved. On 1/2/08, the day of the hearing, the Children’s Bureau interviewed my children and I, and based on our disclosures, the judge ordered the safety plan outlined by the Children’s Bureau be followed. The safety plan states:

    • My wife receive mental health treatment
    • She may have supervised visitation with my children so long as she peruses mental health treatment
    • The children will reside with me until further determined.

    I’ve now received divorce papers, and a custody hearing has been scheduled for 2/14/08. She is seeking custody of my children, along with alimony. Paragraph 12 of the Custody papers states the “Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court.”

    Does the temporary PFA ruling supersede this custody hearing? The PFA hearing on January 2 was continued to March 23, 08. Regarding the mental health treatment my wife has received, she went to a previously scheduled appointment with a psychiatrist, who stated she doesn’t have bipolar. I have evidence which would refute this:

    • 27 voice messages on my cell phone (in violation of the PFA) stating at 3:45 am through 7:15 am.
    • Her father signing papers to have her committed to an inpatient mental health facility, which he was unsuccessful in doing.
    • Her father calling the police to have her removed from his home one day after she planned on moving in to live with him.

    Would it be reasonable to set up an appointment with her attorney to bring to light the details of the PFA, and see if she will consider withdrawing the custody and divorce filings? Every time my wife has one of these episodes, the first thing she wants is a divorce. This time she has actually gone through with the paperwork, but once she comes out of the manic / depressive state, she does not want one. Since this has happened, has gone from weighing 108 lbs to 92 lbs, so she has serious health issues. Because of the PFA, I’m limited in getting her the help she needs.

    Much thanks for any help you can provide.
    Contact her attorney. Advise him you are Pro Se and there is a PRECEDING Custody action in the courts with a hearing date scheduled for March. Give him contact information for the Social Worker who was/is assigned by Children's Services. The attorney should withdraw any Custody/Visitation action. The divorce, however, may be able to proceed ~ but not address any Custody issues.

    Contact the Social Worker from Children's Services re; this recent filing immediately.

    If you experience any resistance from the attorney, Retain your own Counsel ASAP.

    If you cannot afford counsel...show up at any hearings re; what she's filed and bring a copy of your CURRENT TEMPORARY ORDER for Custody with you.

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