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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29821
Experience:  Attorney with experience in family law.
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I got a PFA from my ex husband(this is the second time he filed).

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I got a PFA from my ex husband(this is the second time he filed). The first PFA he filed was 2 years ago and we had an agreenment, 9 month later he withdrawled. It didn't involve with the custody issue. But this time he put my daughter who is 17 now in the custody part and got a temporary custody of her. The PFA stated that I cannot contact my daughter in any matter, but my daughter still come to my house everyday after school as usual and have dinner here, then her father pick her up at night to sleep at his house. I have a court hearing coming soon. I would like to know what my rights are, if the judge granted a PFA for my ex(I don't care about that because I don't want to contact with him anyway), do I still have the option to ask for the joint custody as per our divorce agreement? Or if judge granted him the custody and my daughter still comes to my house everyday, what my rights are?
Thanks very much. I really appreciate any legal advice.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If there is a court order that prohibits you from contacting your daughter, and she shows up at your door, legally, you are not supposed to be in the house with her. If the father brought police with him to pick her up, he could find that you are in violation of the court order, which could mean criminal charges against you. That means that the first step is to file a Motion to Vacate the PFA on behalf of your daughter.

If your husband has temporary custody, you may not be able to change that before the final hearing (which should be scheduled). However, your daughter can go to court to testify that she has never felt that you posed any threat to her and that she wants to continue living with you. She is old enough that the judge will give some weight to her decision. You can also present any evidence you have that it is in your daughter's best interests to continue to stay with you. If you can prove that the father is maliciously putting baseless PFAs on you solely to hurt you, that will weigh in your favor. But that argument may not work if the PFA is still in effect. It has to be vacated first.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 4 years ago.

Thanks very much for your answer. I have one more question.

When I go to the hearing next week, should I tell the judge that my daughter is coming to my house everyday and her father knows it? Will it help me to get my joint custody back? What ground for the judge to grant my ex a temperary custody of my daughter?

For him to get emergency temporary custody without your knowledge, he likely told the judge whatever it is that he said to get the PFA against you. In non-emergency situations, a judge will not hear a custody case without giving both parties the opportunity to be present. If the father is letting her stay with you, that could help show that he knows that you do not present a danger to your daughter. Typically, though, you may not want to tell a judge that you are violating a court order.

What you have to establish is that it's best for your daughter to be with you.
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