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Emergency Temporary Custody

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lparty

Member
What is the name of your state? Pennsylvania

I need to know if we have grounds to file for temporary legal custody of my husbands son. His child (4 years old)has been living with his ex's older daughter we believe for the last three months. We have not been able to contact the childs mother at all. We met his sons sister last night and picked him up. His son says he has not seen his mother at all. His sister tells him that his mother sneaks in and checks on him for a minute while he is sleeping at night. I spoke with the childs mothers boyfriend this morning and he said that she was working and she couldn't call. I said what about this evening? He said she goes to school. I said somewhere in that time she should be able to take just one minute to make a phone call. I don't care if it is 2 or 3 in the morning. Now this has been going on for three months that she is supposedly working and going to school. His son tells us his mother went away to school. I'm wondering if she is in jail. I said what if there was an emergency and her son had to be taken to the hospital...would she be able to contact us? He said he didn't know. I told him that we are going to go file a missing persons report after my husband gets off work. He says she is not missing. I consider her missing if we can't contact her and her son hasn't seen her in three months. After three months, I want to physically see and speak to her. If she isn't in jail and she can't be with him where ever she is, I believe my husband has a right to have custody. My question is, Is this enough grounds to warrent us temporary custody until we can find her and find out what is going on.
 


stealth2

Under the Radar Member
lparty said:
I told him that we are going to go file a missing persons report after my husband gets off work.

A: What on God's green earth would inspire you to tell a FOUR YEAR OLD CHILD something like this?

After hree months, I want to physically see and speak to her.

A: What you want is completely moot. You are a legal stranger to this child and you don't get to demand anything wrt him. His father does.

If she isn't in jail and she can't be with him where ever she is, I believe my husband has a right to have custody. My question is, Is this enough grounds to warrent us temporary custody until we can find her and find out what is going on.
It may or may not be. The only way to know for sure is to take it to court. But again, this is your husband's place - to make the decision and to take the action. Not yours.
 

lparty

Member
I didn't tell the four year old! I told the ex's boyfriend. Furthermore, the boyfriend called me after my husband and ask me what was going on since the mother can't call because she is no where to be found. And this was after my husband called the sister. My husband left for work so the boyfriend ask me. My husband is planning on taking this to court. My question or my husbands question is, can he file for temporary legal custody untill it goes to court? I don't think it is legal for the mother just to give the child to someone else. If she can't take care of him, he should be with the father.
 

lparty

Member
I also wanted to say that for all we know she could have just abandoned him or could be dead and all your worried about is the fact that I am doing the talking. Do you up and leave your kids for 3 months at a time?
 

stealth2

Under the Radar Member
The long and the short of it is what I think, what you think, what the boyfriend thinks is totally moot. We're all legal strangers. What Dad thinks and acts on is the only thing that matters. If you're that concerned and Dad's not acting - call CPS.

Oh, and you might want to consider writing more clearly. Reading back to your original post, it's completely unclear who you were speaking of. I'd apologize if it was my bad, but it wasn't.
 

lparty

Member
Yes you are right, it is a little unclear and I am sorry. I found i\t a little insulting that you would think that I would say something like that to a child. And yes, the father has already talked to the police this evening and said he will file a missing persons report in the morning. He just wanted to know if could file for temporary custody. Neither one of his attorney's have an emergency number to call on their answering maching. Prior to this she as always kept in touch. She has always called to check on her son. If my husband doesn't do anything tomorrow, I will call somebody because I know something is wrong. My husband talked to the sister this evening and still hasn't gotten anywhere with them.
 

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