What is the name of your state (only U.S. law)? PA
Ok, I am back with some questions. As some of you may remember my ex filed for a PFA. She is accusing me of hitting my oldest daughter in the back with a belt. She wouldnít let me get the kids. My ex tried to show me a mark on my daughters back. It was a scabbed up scrape from a while ago. She called CYS on me and CYS opened an investigation. This is the third time that CYS has investigated my home. The first two were both shown as unfounded closed. I met with CYS and gave them a statement. Then I received notice of a PFA hearing. I scrambled around and got enough money for an attorney. At the hearing the CYS investigator said my child says I hit her and she is afraid of me. But my daughter would also not let her look at her back. My ex mainly said I was a danger to the kids. And that she had a picture of the mark. They produced a blown up pic of a mark. She also said she took our daughter to her Dr. 3 days later to have it measured. She never presented this picture to CYS. My attorney argued that there is no proof the pic is even of my daughter and the Dr. wasnít even there to testify. The hearing officer mainly over ruled everything my attorney asked for. My ex also said that they had seen me downtown one day and my youngest was scared to see me and hid her face in her car seat.
When they brought both the girls over to talk to the officer; they ran up to me and hugged me, said they loved me and missed me, etc. They sure didnít look scared to me. The hearing officer talked to both of them at the same time. Afterward he said my oldest did most of the talking. He even said she was answering for her little sister. She did say I hit her. He also stated they admitted they were smoking behind their momís house when they were with my ex. They are ages 5 and 7. But, he deemed it enough to hand down a 12 month PFA. I have supervised visits with the girls every Tues and Thurs from 5-8 and every Sat from 10-8. My ex requested that my fiancť be the other adult for the supervised visits. If she was really that worried she would have asked for someone else. I still canít believe all they were allowed to present without having any proof. But it is what it is for now. I have some calls into a couple therapists that deal with children. I am hoping to get them in to a therapist ASAP. My ex keeps saying she canít take them anywhere until I call. That is BS and she knows it. She just doesnít want to take them.
The day after the hearing I received a letter from guess who? Domestics!!! My ex signed the papers for the PFA and for an increase in support on November 3rd. But the domestics office didnít file the papers until the day of the hearing; November 15th. I thought it was a little odd. So I called and asked about it. The lady said that they file the papers with the court and the judge signs them that day. When I asked about why it was done different this time she said she didnít know and that sheíd get back to me. She never called me back; even after I called and left messages. So I have a meeting with Domestics tomorrow. I am going to try and persuade them to not increase the support until after our custody is finalized. But I am sure that is a losing battle.
I have received a letter from CYS stating the case will be closed and shown as unfounded after I have my house visit. I met with CYS today for the home visit. The investigator looked at the house and verified that the case will be closed. She actually apologized for any inconvenience. She was very professional with me and I really appreciated that. So now I have one County agency stating Iím not a child abuser and the court saying I am an abuser. This is exactly why my attorney wanted the PFA hearing put off until CYS finished their investigation.
So, I am looking for a little direction here. I do have a meeting setup with my attorney but he is out until next week. I want to get my girls back with me ASAP. What are my options at this point? The PFA states that there is a 60 day window to file a custody action or the temp provisions of the PFA will end. What does that mean? I am thinking about filing for the custody action. Should I also file for Contempt of Court or is it a waste of time? How does the process for a custody action work? I want to be as prepared as I can be when I visit with my attorney so we can make the best decision on how to proceed from here.