pa title 18 section 4904

[Madismommy]

I just found out today that my daughter father's wife used my child in her custody actions for her other daughter.

Ok, I'll try to make this as simple as possible.

In 2007, Kathleen filed for custody of her daughter Lily. With the custody she filled out the affidavit of indigency claiming she could not afford to pay the court costs. Now at this time my daughter is 4 years old and I have always has phyical custody of her. Well in this paper work she listed her two children as those who are dependent on her(Lily, and a child her and my daughter's father share) thats fine but then as "other persons dependent on her" she listed my daughter as a stepchild. Here's the problem, the paperwork was filed October 17, 2007, she did not marry my ex until June 7th 2008.

Now she has been harrassing me through phone calls, agencies, and every possible way up to and including hurting my child to get to me (yet its all legal things...until now) What can I do with this new information I found. On the bottom it stated that once she signs she is swearing that it is all ture and correct, and subject to title 18 4904.

I'm not exactly where to go with this paperwork or who to speak to. Any help would be nice. If this was too confusing sorry, I know it can be I've been living through years of it.

[Curt581]

Speak to an attorney who works child custody or family law.

Cops don't normally get involved in baby-momma-drama... it's civil law, not criminal.

[Madismommy]

Yes I understand that, but being there is a criminal code does that not mean anything? Should there not be a charge for false statements? Or is that basically pointless and useless to put at the end of court papers?

[Curt581]

I'm not real 'up' on PA law, but I'd bet dollars to donuts any penalty for violating that will be civil, not criminal.

The cops in your area will not get involved in this. It's not within our purview.

Not to mention the fact that your story sounds like this is a case of someone looking for payback. We hate those.

Talk to a family law attorney. That's the best advice you're gonna get.

[Madismommy]

Ok thanks, I'm just confused as to when civil crosses over to criminal. I just want to make all the harrassment stop and I kinda wanted this to be the end I was waiting for. This woman has been making my daughter's life a living hell and the police can't stop it and the district justice tried but it never stops.

Oh well, I guess that's what happens when you live in the most corrupt county in the state!

Hopefully she gets bored.

[greg72982]

I don't see why the police couldn't pursue the issues with your child. I agree with Curt there is a revenge factor here, but a grown adult should not be threatening to hurt a child to get at someone. You didn't give specifics though so I can't elaborate much further than that.

As for the 4904 yes she did violate it, but I'm not sure how that would work on a civil document as far as prosecution.

Here is the actual law:

§ 4904. Unsworn falsification to authorities.
(a) In general.--A person commits a misdemeanor of the
second degree if, with intent to mislead a public servant in
performing his official function, he:
(1) makes any written false statement which he does not
believe to be true;
(2) submits or invites reliance on any writing which he
knows to be forged, altered or otherwise lacking in
authenticity; or
(3) submits or invites reliance on any sample, specimen,
map, boundary mark, or other object which he knows to be
false.
(b) Statements "under penalty".--A person commits a
misdemeanor of the third degree if he makes a written false
statement which he does not believe to be true, on or pursuant
to a form bearing notice, authorized by law, to the effect that
false statements made therein are punishable.
(c) Perjury provisions applicable.--Section 4902(c) through
(f) of this title (relating to perjury) applies to this section.
(d) Penalty.--In addition to any other penalty that may be
imposed, a person convicted under this section shall be
sentenced to pay a fine of at least $1,000.