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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111568
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex boyfriend who was granted in locos parentis( even though

Customer Question

My ex boyfriend who was granted in locos parentis( even though he was never on birth certificate, lived together less than a year and is not his father nor was ever his role as we were never married) and visitation is now every other week for one eight hour day. This was established in Pennsylvania but now we have moved to Florida. My ex is now threatening to take me back to court even though we were just in court and judge left visitation as it was even though I moved. I have been told that since he has no legal custody and doesn't pay any support and now that I am now a Florida resident technically I could deny his visitation here and would not have to go back to court in Pennsylvania even if he did til there because I am no longer in that jurisdiction..... Is this true? I have spent well over 15000 fighting this for the last year and a half. I'm desperate and feeling so betrayed by the courts. Thank you for any information.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order for him to take you back to court, he has to prove some significant change in circumstances since the last change to warrant the change. It sounds as though he is trying to bully you and scare you, because if there has not been any significant change since the last time you were in court the court would not entertain another request to change this.
Unfortunately, as long as he resides in PA, under the Uniform Child Custody Jurisdiction Enforcement Act, PA retains jurisdiction until they agree to release the jurisdiction to FL. So as long as PA has jurisdiction, you would have to return to court in PA. You can file in FL and try to get them to take jurisdiction, but I am afraid that until PA agrees to release it they cannot do so.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I apologize but live phone calls, unlike in other sections on JustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.
Customer: replied 1 year ago.
Thank you for your response. Unfortunately he may have reason to change the order again as when we were in court in march in regard to him protesting my move he claimed he would be moving too in order to keep the current visitation and that in the meantime he had no problem maintaining visitation from pa to fl. However now I think he is realizing he not really moving. So wouldn't that be enough reason?
I do think this judge realizes he has messed up from the beginning but now just wanted us both out of his jurisdiction. My ex has lost time every time since my very first hearing. The judge also admitted off the record to my attorney,his attorney and my sons attorney that he does believe that my ex is stalking me. Yet he is giving him direct access to do that by using my son!
What will happen if i am not able to go back to pa? Or what would happen if I just deny his visitation here?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you are not able to go back to PA, the PA court could issue a warrant for you for contempt of court. If you deny his visitation in FL, he could file the PA order in the FL court for enforcement of the foreign judgment and the FL court has to enforce the PA court judgment.
At this point, if he is not the father, you need to prove he is not the father and fight the loco parentis ruling to try to end this madness.
Customer: replied 1 year ago.
I have already provided proof that he is not the father at the very first hearing by showing domestic relations paternity test and showing no one is listed on birth certificate. Then we filed an appeal with superior court right after that heading where we he was granted in locos parentis but then six months later and an extra 3000 dollars they tell us it wasn't ripe for appeal an was dismissed. I think my attorney wasn't as prepared at the first heading as she should have been because I believe she honestly thought this was crazy and would never have been granted but now that it has been I've been fighting it ever since and dealing with the same judge. I'm willing to do whatever it takes, any loop hole, any measure to protect my son from all this.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I think your attorney was right to be surprised based on what you stated happened. If he was not the father and was engaging in the conduct you describe, then the court should remove any rights he has. However, since PA has started this proceeding, you need to finish this in PA until neither party resides in PA and the PA court releases jurisdiction, because that is what the Uniform Child Custody Jurisdiction Enforcement Act mandates.
You need to pursue this further in the PA court and show his conduct is stalking and harassing behavior and the only reason he is pursuing this is to harass you.
Customer: replied 1 year ago.
Great.... I have proved in court to this judge that this happening even to the point of having the chief of police willing to testify to it. Obviously to no avail. I don't know what else I am to do. What if I do just refuse to go back to pa or let him have my son for visitation(could police enforce a pa order?) and force my ex to file in Florida? Then I could get another judge and possibly have this overturned?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you refuse to go back to PA, the PA court could issue an arrest warrant for you for contempt and you do not want to get into that situation. You need to force this to a final judgment in PA and then get this into an appeal court, that is really how you have to deal with this, head on.
Customer: replied 1 year ago.
Ok. However wouldn't I stand a better chance getting it overturned here in Florida? Say if he does file for modification in pa and then I file to have it transferred here? Is it up to the judge in pa to release it to Florida, because if it is he also til the attorneys off the record that this way if my ex moves to Florida this will no longer be his case, so that tells me he doesn't want to deal with it and would possibly release it to be transferred? Thank you again
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am afraid FL cannot touch the case and cannot modify it. All FL could do until PA agrees to release jurisdiction is enforce the PA court order. That is why I am saying you need to deal with this in PA. Until he actually moves to FL and then you can argue none of you have any further connection to PA and as such PA has no further interest in jurisdiction, you are stuck with PA and FL cannot deal with this other than to enforce the judgment.