PA Lawyers - Custody Question - Revised - Need more PA lawyer input

Well I'm not privy to the custody agreement - but I made it *abundantly* clear to the mother earlier that if she took the kids out of state w/o Dad's permission, hell and state could come crashing down on her (ie: kidnapping).

Does that mean she made sure the agreement said she could move? I hope so. Unfortunately, this mom does have a history of reacting instead of being intelligently proactive. :( I'm *hoping* however that she was smart enough to get the move permission documented.
 
It's really not her I'm worried about. I've pretty much written her and her hubby off on the "make sensible decisions" chart. It's the kids I worry about.

The daughter - 17 - will probably run away instead of live with her "dad" (legally) who biologically isn't her dad and she knows it. Or worse - she'll show up on her bio-dad's doorstep who she's met all of 1 times hoping daddy will make it all better. The legal dad pretty clearly doesn't treat her like a daughter - he favors his own bio son over the girl he agreed to be a father too even though he knew he wasn't the bio dad - but anyway what the daughter will do is the biggest worry.

Course the daughter worships her mom - even though mom basically uses her as a live in nanny for the 10 yr old and the 4 yr old and little else. *sigh* I could tell you stories - I'll just ask you to take my word on this - the whole freaking family is dysfunctional - but being with Mom at least means the daughter is happy. Going to 'dad' could mean daughter strikes out on her own - and frankly she's not equipped to deal with that.

We've made it clear to the daughter that if she is ever in trouble, she can always come to us - but she also knows that with us life would be very different. We'd work very hard to GET her equipped to deal with reality - which of course, at her age, probably would only be met with resentment...

It's pretty much a no-win all around - but we can't just turn our backs on them either. :/
 
Well I'm not privy to the custody agreement - but I made it *abundantly* clear to the mother earlier that if she took the kids out of state w/o Dad's permission, hell and state could come crashing down on her (ie: kidnapping).

Does that mean she made sure the agreement said she could move? I hope so. Unfortunately, this mom does have a history of reacting instead of being intelligently proactive. :( I'm *hoping* however that she was smart enough to get the move permission documented.

That's about the size of it. The most I can say now is good luck to your friend....
 
Note my disclaimer. :D

In spite of your disclaimer, David, your posts always seem competent to me.

But... I'm not a lawyer, just an engineer who plays around with big-bore air-cooled engines. ;)
 
... It's the kids I worry about.

....

For what it's worth, that is the court's concern, as well. And that's as a matter of law. A judge is required to consider the "child's best interest" in every decision he/she makes as regards a child.
 
Wow - new info - the hearing? It's on TUESDAY. Like - next week. They literally just moved last month before Thanksgiving. You cannot tell me this wasn't a scheme on the ex's part.

Anyway she's getting help from Neighborhood Legal Services, and they will have time to review the information by Tuesday, she says, so the ex is hopefully in for a surprise when her representative is in court.
 
Wow - new info - the hearing? It's on TUESDAY. Like - next week. They literally just moved last month before Thanksgiving. You cannot tell me this wasn't a scheme on the ex's part.

Anyway she's getting help from Neighborhood Legal Services, and they will have time to review the information by Tuesday, she says, so the ex is hopefully in for a surprise when her representative is in court.

In actuality, it probably wasn't. If my guess as to what the allegations are is correct (basically, mother left state with child without permission of either court or father), most courts are going to set it for an emergency hearing as soon as humanly possible. Again, I'm not in PA, but a general rule across the country is that, as a matter of statute, issues concerning children take top priority on the docket - even coming before criminal cases.
 
Ok I can see the accelerated timeline - but again - he agreed to the new custody arrangement knowing, as far as I know, that her plan WAS to move to TN.

WHy would he agree to the new custody agreement then turn around and sue for custody not 3 weeks (INCL thanksgiving week) after the move if it wasn't just a scheme to get her out of state knowing she couldn't easily defend her case?
 
From her - exact quote: "The written agreement that we did before I left DID, in fact, spell out going to TN. We BOTH signed it and, though it was not notified or filed in court, the attorney from Neighborhood Legal said it is a perfectly legal document."
 
From her - exact quote: "The written agreement that we did before I left DID, in fact, spell out going to TN. We BOTH signed it and, though it was not notified or filed in court, the attorney from Neighborhood Legal said it is a perfectly legal document."

That certainly changes things around significantly. Although the failure to get court approval could become an issue, if there's an agreement between the parties saying something to the effect of "Father is aware of Mother's proposed relocation to TN, is fully informed regarding it, and through this agreement consents to both the the relocation and any changes in visitation/parenting time," then the court approval thing isn't as big a deal (if it's an issue at all - it may not be).

By "notified," I'm guessing she meant "notarized." That, of itself, isn't a big deal either, unless it's required by PA law. Notarization is, at the bottom line, verification of signatures by an independent party. Although it's a good idea to do it, simply so a party to an agreement can't say "that's not my signature," there are other ways to prove a signature is valid.

The unfortunate reality of family law: children can become weapons that one parent can use against the other. It is a horrible shame, one that I feel should carry criminal violations (how you prove it, I don't know); but, trust me, it's obvious to a judge when it's seen. It's one of those things that's not easily defined, but that's known when it's seen.

Keep in mind that, from a court's perspective, these things have to be taken seriously. If one parent says in a filing, "the other parent is an alcoholic, and she drives the child to the bar with her, and then drives around hammered with the child," a judge has to take that allegation very seriously when it's made - it's why these things are set for expedited hearings because, if true, that's a big time problem. And, if it's not true, that also needs be resolved as quickly as possible (with appropriate sanctions against the parent acting in bad faith).

Unfortunately, because mere allegations regarding a child's well-being must be taken seriously (if you don't, you're setting yourself up for a boy crying wolf situation) at first, it's a system that's begging for abuse by those who would do so. And it is abused. But, when it's abused, courts are pretty good at sniffing it out (trust me, it's obvious), and also pretty good at coming down hard on it. Here, if the father's acting in bad faith, he's going to end up paying for it one way or another.

[edit:] Again, I continue my disclaimer - not licensed in PA. But, these are general principles of family law relating to children that, to my knowledge, are applicable nearly uniformly across the nation.
 
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In spite of your disclaimer, David, your posts always seem competent to me.

But... I'm not a lawyer, just an engineer who plays around with big-bore air-cooled engines. ;)


Who do you think wrote his disclaimer?:yesnod:
 
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