Question asked on Jun 23rd, 2014
Q: My ex-husband lives in Pennsylvania I live in Nevada with my minor son. We had an agree ment on visitations which he never stuck to. Over a year ago I went to court and had his rights revoked and my new spouse even legally adopted my son. My ex husband did lose all rights to my some and his name was removed from the birth certificate. Again this was over a year ago. All of a sudden I get a phone call from the lawyer I had when I live in Pennsylvania stating that my ex has filed contempt charges against me got not sending my son to him (again I have lived out here almost 4 years and he never took him for a summer like he was suppose to). Obviously since he lost his rights I am not in contempt. He is also trying to sue me for court cost. Is there any charges I can file for the false reports? Also I want to get a no contact order against him so he can’t talk to my son as he is emotionally abusing my son ( which was one of the reasons he lost his rights.)
A: From your posting, I presume the original custody/visitation order was in Pennsylvania; this gives rise to at least some question as to whether the Nevada court had jurisdiction to do the termination and adoption, so there is some potential for a problem here, but frankly few lawyers or courts are sophisticated enough to pick up on the issues.
In any event, presuming the “charges” have been filed in PA, you need a lawyer THERE to go to court, filing the termination and adoption orders, and asking for a fee award for making you do so. If you do not have counsel there, you might wish to start your search at aaml.org.