they stole my son?

[erosePA]

What is the name of your state? PA
I have raised my son, Matt his whole life with virtually no help from his father Jon. For five years the courts handed Jon every opportunity they could to get him involved but he refused. He didn_t even pay support for the first three years. Until enforcement court up to him. Around December of the year before Jon started taking an active role in matt_s life. Not so much with the support but he wanted to spend more time with him . I agreed, being a single mom I kind of felt some relief hoping this would work out. I went to court and agreed to weekend visitation. Then this past September, to make a long story short I was handed a PFA/OBO (protection from abuse order, on behalf of the child). I showed up the day of the trial only fifteen minutes late and he won by default. I tried to have the case reopened but to no surprise the _jerk judge_ didn_t want to be bothered. It vacated. I was told I could appeal the ruling but by the time I got someone to explain how to start an appeal it was to late. Now, the ******* if fighting me for full custody using the PFA/OBO as leverage. Do I even have any rights, or has this PFA/OBO caused me to loose all hopes of seeing my son for the next 18 months. ( For the record, my son_s father had no reason to file the thing, DHS even vouched for me at the trial, my son has never been in any danger being with me, and this was strictly a default. As though the _SOB_ found a loop hole in the system) from what I gather, his new wife found out around Christmas of 02_ that she was unable to conceive. Thus, I feel as though they are using me like a baby depot. Is there anything I can do to over ride this PFA/OBO. I need to have my son back. I almost close to a nervous breakdown here.
I tried to reopen the default but the judge continued the case for one month from that date, by then it was too late to file an apeal and i lost the default. My son is only five. Can i get him back at custody? I have a lawyer but the lawers in this city seem to be to overwhelmed to give me a strait answer**************..

 

[seniorjudge]

What is the name of your state? PA
I have raised my son, Matt his whole life with virtually no help from his father Jon. For five years the courts handed Jon every opportunity they could to get him involved but he refused. He didn’t even pay support for the first three years. Until enforcement court up to him. Around December of the year before Jon started taking an active role in matt’s life. Not so much with the support but he wanted to spend more time with him . I agreed, being a single mom I kind of felt some relief hoping this would work out. I went to court and agreed to weekend visitation. Then this past September, to make a long story short I was handed a PFA/OBO (protection from abuse order, on behalf of the child). I showed up the day of the trial only fifteen minutes late and he won by default. I tried to have the case reopened but to no surprise the “jerk judge” didn’t want to be bothered. It vacated. I was told I could appeal the ruling but by the time I got someone to explain how to start an appeal it was to late. Now, the ******* if fighting me for full custody using the PFA/OBO as leverage. Do I even have any rights, or has this PFA/OBO caused me to loose all hopes of seeing my son for the next 18 months. ( For the record, my son’s father had no reason to file the thing, DHS even vouched for me at the trial, my son has never been in any danger being with me, and this was strictly a default. As though the “SOB” found a loop hole in the system) from what I gather, his new wife found out around Christmas of 02’ that she was unable to conceive. Thus, I feel as though they are using me like a baby depot. Is there anything I can do to over ride this PFA/OBO. I need to have my son back. I almost close to a nervous breakdown here.

You failed to appear for court and you failed to appeal a judgment.

This looks like you don't care.

In any event, the best advice anyone can give you is hire a lawyer immediately to find out if you have any rights at all left.

 

[BelizeBreeze]

I guess you learned a very valuable lesson. If you don't think a court date is important enough to show up early then you lose.

 

[casa]

What is the name of your state? PA
I have raised my son, Matt his whole life with virtually no help from his father Jon. For five years the courts handed Jon every opportunity they could to get him involved but he refused. He didn’t even pay support for the first three years. Until enforcement court up to him. Around December of the year before Jon started taking an active role in matt’s life. Not so much with the support but he wanted to spend more time with him . I agreed, being a single mom I kind of felt some relief hoping this would work out. I went to court and agreed to weekend visitation. Then this past September, to make a long story short I was handed a PFA/OBO (protection from abuse order, on behalf of the child). I showed up the day of the trial only fifteen minutes late and he won by default. I tried to have the case reopened but to no surprise the “jerk judge” didn’t want to be bothered. It vacated. I was told I could appeal the ruling but by the time I got someone to explain how to start an appeal it was to late. Now, the ******* if fighting me for full custody using the PFA/OBO as leverage. Do I even have any rights, or has this PFA/OBO caused me to loose all hopes of seeing my son for the next 18 months. ( For the record, my son’s father had no reason to file the thing, DHS even vouched for me at the trial, my son has never been in any danger being with me, and this was strictly a default. As though the “SOB” found a loop hole in the system) from what I gather, his new wife found out around Christmas of 02’ that she was unable to conceive. Thus, I feel as though they are using me like a baby depot. Is there anything I can do to over ride this PFA/OBO. I need to have my son back. I almost close to a nervous breakdown here.

He didn't find any loophole~ When you don't show up for court, you lose by default. Do as others suggested & get an attorney.

You say you are worried about seeing your son for the next 18 months~ Why that time frame? Is the child 16 1/2?

 

[mb94]

They stole my son?

No. They didn't. Glad to have been able to help.

Look, maybe you're the best mother ever. Maybe you read stories and bake cookies and are just the most wonderful human being on the planet while you ex is a baby eating monster. But the fact that you didn't even care enough to get to court on time (I've seen clients show up hours early for court because they didn't want to have car problems or something else get in the way) is a big problem. The fact you didn't file an appeal (ignorance of the law is not an excuse) is a big problem.

Get a lawyer for the custody case. You have not shown that you have the basic knowledge and respect for the law that you need in order to be successful pro se. Do what the lawyer says including any parenting classes or other things that will make you look like you are trying to be the best mother you can. The court isn't going to care about your theories about them trying to take your child or what a jerk he was in the past. Focus on today.