Need help in Pennslyvania

[Dad will]

I have had custody of my seven year old for four years now. My ex has drug and alchol issues and her mom had gotten into a dui wreck when my daughter was 3 months old she had lived with me ever since when my daughter was 3 years old her mother had taken her to north carolina and filed a pfa against me i proved that i was innocent after spending a fortune in legal custody battle i got awarded legal custody of my daughter minus supervised visitations. In the agreement we had she had to adhere to drug testing of which she failed several drug tests of which no one ever notified me. In the four years since our custody battle she could see our daughter every weekend she has only set up 10 visits in that time. Also in the agreement her husband was not to be present last sunday i had met my ex for a scheduled visit in public at a park with my wife and kids of which she contacted her husband who came assulted me and threatened to shoot and kill me my wife and daughters. I did file a police report. My daughter had to witness all of this and i have been accomodating in the last for years and never denied my ex visitation. However i am at a point where due to the circumstances this is putting extreme mental stess on my daughter. I do not have the money to go into another huge legal battle is there a way i can take away her right to see her

 

[xylene]

File a restraining order against the her husband.

 

[Dad will]

I am doing that on this next Wednesday along with filing a private criminal complaint with the magistrate

 

[Dad will]

However this whole thing was orchasted through her. Even in the four years since I had been awarded custody they have had several domestic violence charges between the two of them. Also the courts have not enforced anything and don’t even drug test her anymore.

 

[Zigner]

However this whole thing was orchasted through her. Even in the four years since I had been awarded custody they have had several domestic violence charges between the two of them. Also the courts have not enforced anything and don’t even drug test her anymore.

Actually, it's up to you (not the courts) to be proactive about enforcement in matters such as this.

 

[Dad will]

Who would I contact in the courts to make sure anything is enforced even when i had an attorney he didn’t even notify me when she was failing drug tests.

 

[Dad will]

He was anti court supervised visitations or removing her visitations and would not set anything up other then I had to be there to supervise them myself

 

[Zigner]

You may be better served by finding a new attorney if you don't like your current one.

 

[Dad will]

I get that I do however a 3500 retaining fee isn’t a possibility for me at this moment is there anything else that is available to me

 

[not2cleverRed]

I get that I do however a 3500 retaining fee isn’t a possibility for me at this moment is there anything else that is available to me

Then I guess you have to study up on how to represent yourself in family court.

 

[PayrollHRGuy]

Then I guess you have to study up on how to represent yourself in family court.

Which I think the OP was doing when he/she posted in this forum.

 

[Dad will]

This is epic great free advice lol haha wow

 

[Dad will]

I had thought this was an advice column “get an attorney” study up on self defending self really isn’t too insightful

 

[xylene]

I had thought this was an advice column “get an attorney” study up on self defending self really isn’t too insightful

No one is going to tell you there is a magic wand. It's tough in family law even with a lawyer. No one here would steer you in to beleiving this had an easy solution. We understand this is stressful. You are going to need to work the system and uducate yourself on the rules for representing yourself in your court.

You should find out if a family law clinic exists in your area.

Here's an example

https://pa211sw.communityos.org/zf/profile/service/id/798810

I googled "pennsylvania family law pro se" and got tons of results. You are going to need to get comfortable using google a lot. If you can't do that, then you need to get an extra job or income stream going to pay a lawyer.

 

[not2cleverRed]

Which I think the OP was doing when he/she posted in this forum.

I'd agree, but apparently he wants door number 4: white knight lawyer who will give him the answer he wants to hear, and charge nothing.

(Door # 1 = the devil you know (current lawyer). Door #2 = the devil you don't (any other lawyer). Door # 3 = yourself.)

I had thought this was an advice column “get an attorney” study up on self defending self really isn’t too insightful

Okay, so you want some insight.

You are not going to completely strip Mom of her parental rights... yet. Even if she agrees to allow a stepparent adoption, that is not a DIY legal endeavor. So that is not an option.

Your daughter witnessed the assault. This is a form of abuse. In addition to getting a restraining order for yourself against the stepdad, consider contacting CPS, and definitely get your daughter into therapy with a reputable professional who works with children. And yes, that can help you legally.

Assuming you get the restraining order, you can petition to modify the visitation agreement and ask that stepdad, based on this documented incident, not be allowed at the supervised visits.