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AFFIDAVIT PURSUANT to 23 Pa C S a 5328 and 5329 Form
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People also ask
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How do I prove my mother is unfit in PA?
If a parent has a proven record of abuse in the form of police reports, doctor's or psychiatrist's reports, or Pennsylvania Child Welfare reports, this can render the parent unfit. In addition to losing custody, they may be barred from contacting the child or the co-parent through a restraining order. -
What is 5329 evaluation in PA?
The “Motion for a 5329 Evaluation” [page 5]. Use this form if you want a Juvenile Court Hearing Officer to decide if the convicted person is a danger to the child(ren) named in your Custody Complaint. -
What is the definition of an unstable parent?
Erratic or Dangerous Behavior: Unstable parents may exhibit erratic or dangerous behavior, such as neglect, abuse, or creating an unsafe living environment. -
What is 23 pa cs 5324 2?
The following individuals may file an action under this chapter for any form of physical custody or legal custody: (1) A parent of the child. (2) A person who stands in loco parentis to the child. -
Who pays child support for 50 50 custody in PA?
However, in Pennsylvania, an equal sharing of child custody does not eliminate the need to pay child support. In these situations, the higher-earning parent usually pays child support to the lesser-earning parent for the child's care. -
What is the standard for child custody in Pennsylvania?
Pennsylvania's child custody laws include a gender-neutrality provision to overcome favorable and unfavorable biases toward both genders and help ensure each parent has an equal custody right to their child. Regardless of gender, when both parents are found to be competent caregivers courts tend to award joint custody. -
What is considered an unfit parent in PA?
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit. -
What is the penalty for contempt of custody order in PA?
(1) A party who willfully fails to comply with any custody order may, as prescribed by general rule, be adjudged in contempt. Contempt shall be punishable by any one or more of the following: (i) Imprisonment for a period of not more than six months. (ii) A fine of not more than $500. -
What is a custody evaluation in PA?
A custody evaluation is an evaluation conducted by a psychologist to analyze the living situations, family dynamics, any mental health issues of the parties, and other relevant concerns and to make recommendations based on the child(ren)'s best interests in an ongoing custody matter. -
What is a risk of harm evaluation in PA?
§5329 Risk of Harm Evaluations in Custody Cases In custody actions, if one parent believes that the other parent, or someone who lives with the other parent, poses a risk of harm to the minor child who is the subject of the custody action, the concerned parent must bring this concern to the Court's attention.
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