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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28020
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Baby mama...addict....on house arrest...has not seen her

Customer Question

Baby mama...addict....on house arrest...has not seen her child in two years....is out on work release thru pretrial services....filed a medical form thru domestic relations saying she can never work....is this fraud? And what can be done to prove it? And at what point do her rights permanently get treminated....father has full legal physical custody for two years now.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. If the father wants, he can file a motion/petition with the court, asking that the Judge terminate the parental rights of the mother. The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:

If the father can show one or more of these then the Judge can step in and terminate those rights, if needed. Now, as far as the issue with the mother and the form, it would need to be shown that she can work and that she and the doctor who advised she can not work, are attempting to commit fraud. That would be up to the State to look into and investigate based upon the evidence presented.

  • (1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.

    (2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent.

    (3) The parent is the presumptive but not the natural father of the child.

    (4) The child is in the custody of an agency, having been found under such circumstances that the identity or whereabouts of the parent is unknown and cannot be ascertained by diligent search and the parent does not claim the child within three months after the child is found.

    (5) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of parental rights would best serve the needs and welfare of the child.

    (6) In the case of a newborn child, the parent knows or has reason to know of the child’s birth, does not reside with the child, has not married the child’s other parent, has failed for a period of four months immediately preceding the filing of the petition to make reasonable efforts to maintain substantial and continuing contact with the child and has failed during the same four-month period to provide substantial financial support for the child.

    (7) The parent is the father of a child conceived as a result of rape or incest.

    (8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed since the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child.
    23 Pa.C.S.A. Section 2511(a)

Customer: replied 1 year ago.
In regards ***** ***** form...father spoke to her probation officer and she has given her work release so she is working to pay for her ankle bracelet for house arrest. She also has an open case with the father for filing false 302 and false pfa which the district attorney is representing him on. The proof is the paper trail that work release was signed by both parties and can her medical records be supbeonad to prove fraud? Considering she has had no contact with child for 2 years wouldn't that be considered voluntarily abandoning your child?
Customer: replied 1 year ago.
But we want to make sure it would be where she could not come back later to get rights back she currently has no rights to child but we need it in writing she cannot come after the child. Just because she has been on house arrest for 6 months doesn't mean she's cured of being an addict.no inpatient treatment .treatment needs to be voluntary and wanted not ordered for it to work. He just really needs advise on how to handle the fraud which he knows is going on...
Customer: replied 1 year ago.
All of the conditions really that I read that you sent apply to his case!
Expert:  FamilyAnswer replied 1 year ago.
That is perfect. The more the better and then he files the petition would need to show a d support these
Customer: replied 1 year ago.
How does he go about getting the proof from the probation officer would attorney need to file petition for the support conference for her to be there? Or just have attorney request probation call up one floor to domestic relations.....I can't believe the amount of red tape you have to go thru when it takes one little phone call
Expert:  FamilyAnswer replied 1 year ago.

If needed, a subpoena could be issued and they could appear and be ordered/required to testify

Expert:  FamilyAnswer replied 1 year ago.

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