is there any hope?

[hope4angel]

What is the name of your state (only U.S. law)? Pennsylvania

My niece has a 10 month old son to a psycho. He repeatedly verbally abuses her, and recently just threatened to kill her and her son. She has called the police several times and got a temporary PFA. Her family lives in Tennessee and she has no place to go in Pennsylvania. What are her options? The boyfriends family has serious issues, his brother was caught with child pornography, the mother walks around with her breasts showing through her shirt(in front of her sons). My niece wants to move here to Tennessee with her son. By law, what can she do??? Please help!

 

[mistoffolees]

1. Were your niece and the father married?
2. If they were not married when the child was born, was paternity every established?

It's really better if your niece signs up and asks her own questions. At the very least, hopefully she wouldn't be badmouthing the baby's father-which is largely irrelevant and simply casts you in a bad light. But if you answer those questions, it will be possible to give some advice.

 

[LdiJ]

What is the name of your state (only U.S. law)? Pennsylvania

My niece has a 10 month old son to a psycho. He repeatedly verbally abuses her, and recently just threatened to kill her and her son. She has called the police several times and got a temporary PFA. Her family lives in Tennessee and she has no place to go in Pennsylvania. What are her options? The boyfriends family has serious issues, his brother was caught with child pornography, the mother walks around with her breasts showing through her shirt(in front of her sons). My niece wants to move here to Tennessee with her son. By law, what can she do??? Please help!

She can legally move to TN with the child, but dad can also rush to court in PA, establish jurisdiction there, and possibly get a judge to order your niece to return the child to PA. So there are some significant risks in just moving.

Her other option is to take it to court in PA to establish custody/child support/parenting time and hope that a judge will give her permission to relocate with the child to TN.

 

[hope4angel]

1. Were your niece and the father married?
2. If they were not married when the child was born, was paternity every established?

It's really better if your niece signs up and asks her own questions. At the very least, hopefully she wouldn't be badmouthing the baby's father-which is largely irrelevant and simply casts you in a bad light. But if you answer those questions, it will be possible to give some advice.

She's not badmouthing anybody...she just cries. They weren't married when he was born, but his name is on the birth certificate. I signed up so that I can better understand the laws in Pennsylvania, I live in Tennessee and want to help her. I have been on the phone with her while he verbally abuses her and also heard him tell her he will kill her and her son....so? what do I do? Are my hands tied?

 

[mistoffolees]

She can legally move to TN with the child, but dad can also rush to court in PA, establish jurisdiction there, and possibly get a judge to order your niece to return the child to PA. So there are some significant risks in just moving.

Not necessarily. It is not clear that he has established paternity.

She's not badmouthing anybody...

No, but you were. The point was that these issues have to be dealt with rationally and calmly. If she were to go into court using your tone, she could risk losing the child.

If he has made threats, you can call the police and CPS.

As for the rest, you haven't answered the questions. WAS PATERNITY ESTABLISHED? In some states, signing the birth certificate is not sufficient (I haven't looked up PA).

 

[hope4angel]

I am not using a "tone". I'm just stating some of the facts so that you may understand the situation a little better. I don't know the laws of Pennsylvania and what it entails to establish paternity. I signed in to this forum for help. I assumed someone would know. I take it from the tone that you have implied that you are annoyed with my questions and maybe have other more important things to do? not sure, but thanks for trying to help. Maybe this is not your area of expertise? I will have to do research on my own. Thanks anyway.

 

[LdiJ]

Not necessarily. It is not clear that he has established paternity.

He can add establishing paternity into his rush to court if that is needed. It might give her a little more leverage, but not that much.

From my observations PA tends to be one of the states that is stronger about keeping children in the jurisdiction. I don't know if its the laws, or the climate of the courts.

 

[mistoffolees]

I am not using a "tone". I'm just stating some of the facts so that you may understand the situation a little better. I don't know the laws of Pennsylvania and what it entails to establish paternity. I signed in to this forum for help. I assumed someone would know. I take it from the tone that you have implied that you are annoyed with my questions and maybe have other more important things to do? not sure, but thanks for trying to help. Maybe this is not your area of expertise? I will have to do research on my own. Thanks anyway.

Geez. Talk about tone.

I asked you two questions which are essential to getting advice for your niece's problem. You answered the first, but not the second.

I reminded you that I needed the answer to the second question - and you responded as above.

Do you want help or not? if you do, then answer the questions you are asked and stop with the personal attacks.