My son has lived with me for past 5 yrs . He turned 18 on last dec31st 2012. He started to live with me when his mother punched him 4 times in the face for twelling her to shut up ( she was calling me dirty names on the phone).
Never married. Have a beautiful daughter 16 1/2yrs old. She is legally blind and has very high functiong Aspergers . Gets all a's in school. Last court order was in march 22,2012. Shared Custody.
Mother has been living back and forth from PA to Florida with boy friend. Would not see her for months at a time. Documented with Court and school.
She lives mostly in Fla . We, me and the kids wanted for a long time to ove to Fla. So after not hearing from her in almost 6 months we did move.
We have residency in Florida, my daughter goes to school here, my son works her,etc.
We just found out that the mom filed a custody motion and got sole custody. I called the County we live in and was interviewed by social services along with the child . They won't tell the mother where we are because of all the abuse both trhe children have told them about( physical and emotional,and showing sexual content to my son who was a minor at the time just last yr. . My son at 18 yrs old and daughter wrote and signed statements that was very damaging against mother. The mom was interviewed by investigator and told them my daughter was a retard.( would you believe that?? ) about her own daughter.
I was told to get an attorney .
They (Social services seem to think that the mother is completely unfit and falls un abandoment. The mother has a history of violence towards me and Kids but the Judge in PA granted her sole Custody.

What do you think? I am about to call the Media because of the gross nature of this entire reign of terror lasting yrs. ( the judge allowing this )

I passed a remark to the Judge in PA,( in ref to shared custody... I was so happy at the end of trial , he looked directly into my eyes and aske me why I was so happy, " I said because no matter what you say I WIN... she leaves to Florida within a week and who knows when she'll return and I started to laugh and clap ---NOT A VERY BRIGHT MOVE- after that the Magistrate told me that He doesn't like me and will never believes a word I say.

What are my chances in court and what to file?

So what is it you want to do by alleging "abandonment"?

If your son is 18, custody will not be awarded. He is legally an adult.

If your daughter is 16, you can seek custody of her. But if her mither is still a resident of Pennsylvania, you would need to litigate a change of custody in that state. File a motion to modify custody.

I'm a little confused here. Mother filed for and got an order of sole custody for your daughter issued by a PA court. Yet both you, your daughter and the mother currently are legal residents of Florida. So you file in Florida to overturn the PA judgment on the grounds that none of you were legal residents of PA at the time.

At the same time you file for sole custody based on the abuse.

As I said , whenever we go to court it's the same judge assigned. I will never win any thing. He was already told by the mother in court during the trial that she lives in Florida for months at a time. I
IOn Fla, I have already raised the issue of abuse to my daughter. She resides in Fla. Can't a Fla judge give me custody here?
I want to know if a judge can over ride the order being what's happening , and what has happened.

That's what I just said.

So since my children and I are legal residents in Fla , ( the mother seems to keep her residencey in PA for mental disability checks) but has told the judge that she also resides in Fla. I can file here as a resident? My son was told that his statement is very damaging to his mom . I hope it is. My daughter has told the investigator she gets knocked to the ground by her and called filthy names.
I know my son is out of the loop. But my daughter tells every one she is scared to death of the mom.

OK sorry just afraid for my daughter. I will get a lawyer asap. Thanks so very much for the help.

Just wanted to know if a Fla judge will listen to the kids ,statements and the Social Service people.

... the mother seems to keep her residencey in PA for mental disability checks) but has told the judge that she aslo resides in Fla. ...

Tha's what it hinges on. If the mother got a custody order in Pennsylvania it may be that OP was not properly served with process. But leaving that issue aside, if she still resides in Pennsylvania, Florida doesn't have jurisdiction under the UCCJEA (http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement _Act).

( the mother seems to keep her residencey in PA for mental disability checks) .

Ok this might make a difference as AK said.


Just wanted to know if a Fla judge will listen to the kids ,statements and the Social Service people.

So maybe you need a different strategy which is why you need an attorney.

I would still follow the strategy I outlined until FL rules against you. If FL decides to assume jurisdiction then yes, they should listen, at least to your daughter (since your son is an adult he may not be a part of it) and definitely to Social Services.

If FL won't assume jurisdiction, the next question is whether the mother has tried to enforce the PA custody order. You have not made this clear. Until the mother tries I would not do anything.

I was told the mom was in the city where we live but social services wouldn't give her any info on us even that she had an order from PA. I was told the mom was very bi polar and started to get angry and then called the kids names. The investigator wants to investigate the Mom at this point.

So should I ask Social Services for a report to go the court with along with my daughters statements. By the way , I was told my son having turned 18 could give a very damageing statement to the judge in ref to the abuse heh witnessed to hiis sister.

First I merged your threads, please don't start a new thread for the same issue.

Yes, your son can testify to things he witnessed with respect to your sister, he may even be allowed to testify about things that were done to him to show a history.

Again, it is still unclear whether the mom has tried to enforce the PA and retrieve custody of your daughter. Until that happens, I would not go to court. If and when you do go to court, you can call the caseworker as a witness.