being sued by sister

What is the name of your state? PA

My sister is sueing me at a magistrates office where she went to school with the magistrates son, isn't this considered a conflict of interest? What rights do I have to a fair trial? To top it off the hearing is July 16, but I have received a letter from a credit collection agency stating that they will detach my wages, can she do this? ( I have made payments to her faithfully, but because she is mad at my mom and me, she wants it in full. Financially I can't do that...)

Also, we had a baby shower for her and not even a week later she left, no word or nothing...she had the baby and we still have yet to see the baby. Do we have rights for visitation? Can I countersue her for the $1300 that we spent on the baby shower?

[stealth2]

Originally posted by Rosedust71
What is the name of your state? PA

My sister is sueing me at a magistrates office where she went to school with the magistrates son, isn't this considered a conflict of interest? What rights do I have to a fair trial? To top it off the hearing is July 16, but I have received a letter from a credit collection agency stating that they will detach my wages, can she do this? ( I have made payments to her faithfully, but because she is mad at my mom and me, she wants it in full. Financially I can't do that...)

Also, we had a baby shower for her and not even a week later she left, no word or nothing...she had the baby and we still have yet to see the baby. Do we have rights for visitation? Can I countersue her for the $1300 that we spent on the baby shower?

A lawyer would have to tell you if it's a conflict of interest or not. I suspect not, but I'm not a lawyer.

Does she have a judgement against you already? If she has a judgement, she can ask to have your wages attached. Without one, it's unlikely she can at this point.

The baby shower money? Nope. Don't think so - y'all voluntarily gave her a party.

Visitation - nope. The courts give parents a lot of latitude in who they choose to allow around their kids. Aunts and grandparents have no inherent right to see a child.

Thanks for your reply momma tiger, however, I think you need to study up on the pa laws. I talked to three attorneys today and the grandparents do have a right to visitation of their grandchild.

[stealth2]

Originally posted by Rosedust71
Thanks for your reply momma tiger, however, I think you need to study up on the pa laws. I talked to three attorneys today and the grandparents do have a right to visitation of their grandchild.

I'm glad you spoke with some attorneys. I'm not going to spend the time studying up on PA law since I don't live there so I have no need to know them. I'll certainly tuck this away in my data banks, tho, for the next time someone asks.

[kidoday]

Well maybe if all the following applies then Grandparents could end up with visitation or custody. But not Aunts.

Pennsylvania statutes indicate that grandparents may be granted reasonable custodial rights in the following circumstances:


a. When parent deceased: If a parent of an unmarried child is deceased, the parents or grandparents of the deceased parent may be granted reasonable partial custody or visitation rights, or both, to the child by the court if it is found that the visitation is in the child's best interest. The more contact the grandparents had with the child before the death of the parent, the more custodial time the grandparents will be given.

b. When parents' marraige is dissolved or parents are separated: After a divorce complaint has been filed by a parent or when parents have been separated for 6 months or more, the court may grant reasonable partial custody or visitation rights, or both, to the unmarried child if it is in the child's best interest AND would not interfere with the parent-child relationship. Again, the court will consider the amount of contact between the grandparents and the child previous to the petition being filed.

c. When child has resided with grandparents: If an unmarried child has resided with grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by the parents, the grandparents or great-grandparents may petition the court for partial custody or visitation or both. The best interests of the child will be considered and these rights will only be granted if the granting of the rights will not interfere with the parent-child relationship.
More and more, grandparents are filing for custodial rights and such petitions are being granted.


So in essence the attorney's were correct. But not until one of the above applies.