TNTWARRIOR
Junior Member
What is the name of your state (only U.S. law)? Pennsylvania
Hello, my child has a PFA order against his father due to abuse. This PFA order is for 3 years. The custody order before the PFA was ordered said shared legal and physical custody. The PFA says this order shall supersede and previous order regarding custody, the actual transcript from the PFA hearing (the judges words) say "and this order supersedes any order regarding custody. The problem is that regarding the custody order another child is involved so it still is followed with the other child. The father had taken me into custody conciliation in front of the mediator requesting a custody modification. There was no modification granted, however since we had a conciliation conference the mediator recopied the old order and put a new date on it. The father is now claiming that the PFA is no longer valid and that he has shared legal and physical custody due to the new date of the custody order by claiming that the PFA order says that it supersedes any previous custody order and not future custody order. Are you even allowed to over ride a PFA order without going before the Judge that issued the PFA order as the father claims? I see 2 orders that conflict with one another, Neither me or my older child has agreed to modify the PFA. If I follow the PFA I could be held in contempt of the custody order, or if I follow the custody order, I will be violating the PFA. Can somebody please help, I am also dealing with a different judge in the family custody court regarding the custody order so I do not know if I can be sure they will even allow me to follow the PFA, they may try and force me to follow the custody order.
Hello, my child has a PFA order against his father due to abuse. This PFA order is for 3 years. The custody order before the PFA was ordered said shared legal and physical custody. The PFA says this order shall supersede and previous order regarding custody, the actual transcript from the PFA hearing (the judges words) say "and this order supersedes any order regarding custody. The problem is that regarding the custody order another child is involved so it still is followed with the other child. The father had taken me into custody conciliation in front of the mediator requesting a custody modification. There was no modification granted, however since we had a conciliation conference the mediator recopied the old order and put a new date on it. The father is now claiming that the PFA is no longer valid and that he has shared legal and physical custody due to the new date of the custody order by claiming that the PFA order says that it supersedes any previous custody order and not future custody order. Are you even allowed to over ride a PFA order without going before the Judge that issued the PFA order as the father claims? I see 2 orders that conflict with one another, Neither me or my older child has agreed to modify the PFA. If I follow the PFA I could be held in contempt of the custody order, or if I follow the custody order, I will be violating the PFA. Can somebody please help, I am also dealing with a different judge in the family custody court regarding the custody order so I do not know if I can be sure they will even allow me to follow the PFA, they may try and force me to follow the custody order.
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