Sister in Need

[Wallflower710]

We are from PA. My sister has not seen her 12 year old in 2 weeks. He went off for visitation with dad and that was that. She has physical custody of my nephew and feels the system has failed her. Dad called C&Y with false accusations of physical abuse. The case was unfounded. Within these 2 weeks she has made numerous police reports, have conference meetings with school, school district and C&Y. She finally got the okay to pick him up from school but he now says that he doesn't qant to go home with her because he doesnt want to get beat. My sister has never hit him and he has always lived with her. He spoke to her the same way dad would do. They have older children together that want nothing to do with dad because of the same situations in the past with themselves. She has a court hearing next month and sees a lawyer this week. What is her right as the custodial parent in PA that has not seen her child in 2 weeks and now he is brainwashed and doesnt want to come home?

 

[CdwJava]

When mom went to pick the child up at school, why did she take "No" for an answer? If the court order is that the child goes with mom, then the child goes with mom. Unless (for some very peculiar reason) the court order gives the child the right to refuse, he must abide by the order of the court.

 

[Wallflower710]

The court order is clear.... mom has the physical custody. The child has never gone against her. The school police was called child was refusing and she said they told her that they cant physically put him in her car. The situation escalated and he walked out of the principals office. They told her "we have never seen him like this" including 3 weeks ago that he got in trouble and mom went to have a face to face conference with the teacher and him. All his teachers say that they have notice that he has change and that hes gotten aggressive. All his grades are down. He is traunt and constantly late. Everytime the police is called they say its a civil matter. She has made about 5 reports and the cops say that they go over and he does not look in distress. I hope this time we go to court something is done. We are worried for my nephews mental health. Is there something we are missing?

 

[stealth2]

Well, no, the school officers cannot put the child into the car. Regular police couldn't either. But Mom could. Yes, really. Unfortunately, too many parents do not instill the level of respect necessary while the child is young. And no, that is not destroyed in the space of three weeks.

Please also remember - while you can provide her with support, that's about the extent of your involvement. This is not your fight.

 

[Wallflower710]

I told her that they couldn't and she could of but she said she was afraid that her son would lift his hands at her. Because it was the first time he looked at her and lied on her. He got really worked up. What I have explained has been within the last 3 weeks but she has been dealing with this situation for 9 years. He was fined a few years back for skipping town with their son and she didnt see him for 5 months. The answer she got was this is a commonwealth state.

I'm well aware of that this is her fight and Im just in it for support of her and my niece and nephews. Thank you all for your opinions.

 

[stealth2]

Then sister needs to file against Dad for contempt.

 

[Wallflower710]

She did.... she is waiting for court date. Shes just concern with my nephew's behaviors at school and the fact that he's now truant.

 

[HRZ]

KIds do not get the make the rules , not yet in PA ...and physical punishment is still allowed in PA ....but given Dad is looking for excuses about abuse ..might be smart to not push the point too far and or have a reliable witness video the physical pick up of the wacky 12 year old . ( One parent made headlines in PA over putting his seriously misbehaving teen son in a choke hold ...the DA decided not to prosecute under color that it was within the scope of corporeal punishment ..but I sure suspect parent had a super whopping legal bill....not smart to push it that far! )

Dad may well on wrong side of law to not have the child attending school or truant ...but schools may resist being hard nosed on point ...sure can alert school...it may be a misdemeanor in PA If anyone cares to enforce it .

Ask counsel if there is a viable interference with rights of custodial parent issue in Pa .

 

[Zigner]

... corporeal punishment ...

As opposed to non-corporeal punishment? (Understandable with Halloween so close...)

 

[HRZ]

Don't know if it fits OPs fact pattern...discuss with counsel.

1. Statutes: Pennsylvania
2. » Title 18. Crimes and Offenses
3. » 2904. Interference with custody of children

 

[Just Blue]

As opposed to non-corporeal punishment? (Understandable with Halloween so close...)

 

[not2cleverRed]

As opposed to non-corporeal punishment? (Understandable with Halloween so close...)

I don't think HRZ got your joke.

 

[stealth2]

I don't think HRZ got your joke.

Neither do I. I, however, spewed iced tea onto my screen.