What Are My Rights If a Fraudulent PFA Affects My Child’s Education?

Question from Laura Fanelli, What Are My Rights If a Fraudulent PFA Affects My Child’s Education?

Answer from AI:

If you believe a fraudulent Protection From Abuse (PFA) order is affecting your involvement in your child’s education, you have several rights and potential courses of action. Below, we outline your rights, the steps you can take, and the relevant legal provisions in Pennsylvania.

Your Rights as a Parent

As a parent with legal custody, you have specific rights regarding your child’s education, including:

• Participation in Educational Planning: You have the right to be involved in your child’s Individualized Education Program (IEP) process.
• Access to Educational Records: Under the Family Educational Rights and Privacy Act (FERPA), you have the right to access your child’s educational records.
• Notification of Legal Actions: You should be notified of any legal actions, such as a PFA, that affect your parental rights.

Steps to Address the Issue

If you suspect a fraudulent PFA is being used to exclude you from your child’s educational planning, consider the following steps:

1. Request Documentation: Formally request a copy of the alleged PFA from the Pennsylvania Department of Education and the school district. You can do this in writing to create a paper trail.
2. Verify the PFA: Contact the court that supposedly issued the PFA to verify its existence. In Pennsylvania, PFAs are typically issued by the Court of Common Pleas.
3. File a Complaint: If the PFA is indeed fraudulent, file a complaint with the Pennsylvania Department of Education and the school district. Provide any evidence you have that the PFA is not legitimate.
4. Seek Legal Advice: Consult with a family law attorney to explore your legal options. An attorney can help you challenge the fraudulent PFA and ensure your parental rights are protected.
5. Report Fraud: If you have evidence that someone has committed fraud, you can report it to the appropriate authorities, such as the police or the district attorney’s office.

Relevant Legal Provisions

Several Pennsylvania laws and federal regulations may be relevant to your situation:

• Protection From Abuse Act: This Pennsylvania law outlines the procedures and requirements for obtaining a PFA. You can find more information on the [Pennsylvania General Assembly’s website](https://www.legis.state.pa.us/).
• Family Educational Rights and Privacy Act (FERPA): This federal law protects the privacy of student education records and grants parents certain rights. More details are available on the [U.S. Department of Education’s website](https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html).

Legal Ramifications for Fraud

If someone has fraudulently obtained or presented a PFA, they could face serious legal consequences, including:

• Criminal Charges: Fraudulently obtaining a PFA can result in criminal charges, such as perjury or forgery.
• Civil Liability: The person responsible may also be liable for any damages caused by their actions.

When to Seek Legal Advice

Given the complexity and potential legal ramifications of your situation, it is crucial to seek personalized legal advice. A family law attorney can provide guidance tailored to your specific circumstances and help you navigate the legal system effectively.

For more information and resources, you can visit the [Pennsylvania Department of Education](https://www.education.pa.gov/) and the [Pennsylvania Unified Judicial System](https://www.pacourts.us/).

Remember, while this information provides a general overview, consulting with a legal professional is essential for addressing your unique situation.