Custody

Help! My ex and I have joint custody with phsical custody of one daughter with me and one with him on paper. I lived in Pa when all the paperwork was signed. I have lived in NJ for 8 years now only 20 mins from my ex. My daughter that I have custody of goes to school in NJ but now the ex wants her to go to school in Pa near him. I am afraid that because I live in NJ not Pa my custodial rights won't be upheld in NJ. Can I keep her in school with me while I change my address to the court. For over 8 years he has had no problem with this arrangement but he dislikes the school in NJ so he wants her in Pa. Who has the legal right to have her? I am in the process of hiring an attorney but they need $2500.00 up front. He has her now and won't let me come get her, see her or talk to her on the phone until I agree to his terms. I will be filing for custody of both soon. Do I need a lawyer licensed in Pa and NJ? Someone please help me I want my daughter back. Not to mention he is drinking again and I am afraid for her. CanI just go get her with my papers even though it says I live in Pa?

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Debi

[LegalBeagle]

So, you have legal physical custody of the child that lives with you and goes to school in NJ. This child in question is currently with your EX who DOES NOT have legal physical custody ??

This child has lived with you in NJ for the last 8 years ?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Debilyn:
[b]
Help! My ex and I have joint custody with phsical custody of one daughter with me and one with him on paper. I lived in Pa when all the paperwork was signed. I have lived in NJ for 8 years now only 20 mins from my ex. My daughter that I have custody of goes to school in NJ but now the ex wants her to go to school in Pa near him. I am afraid that because I live in NJ not Pa my custodial rights won't be upheld in NJ. Can I keep her in school with me while I change my address to the court. For over 8 years he has had no problem with this arrangement but he dislikes the school in NJ so he wants her in Pa. Who has the legal right to have her? I am in the process of hiring an attorney but they need $2500.00 up front. He has her now and won't let me come get her, see her or talk to her on the phone until I agree to his terms. I will be filing for custody of both soon. Do I need a lawyer licensed in Pa and NJ? Someone please help me I want my daughter back. Not to mention he is drinking again and I am afraid for her. CanI just go get her with my papers even though it says I live in Pa?
[/b]<HR></BLOCKQUOTE>

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b]So, you have legal physical custody of the child that lives with you and goes to school in NJ. This child in question is currently with your EX who DOES NOT have legal physical custody ??

This child has lived with you in NJ for the last 8 years ?
[/b]<HR></BLOCKQUOTE>
No, my daughter has lived on and off with me, a very liberal arrangement until recently. She went to school in Pa until 1998, 4 years of her school. Last year I enrolled her in NJ because I bought a house here and was stable and decided for her to be with me so I did not have to drive so far to and from her school all the time. She would stay at my house and I would drive her to Pa. I was trying to buy a home and didn't want to put her in a school and take her out too many times this is why I kept her in Pa. So for one year she has gone to school in NJ. I have her back with me(long ordeal) and he says his lawyer is 100% positive he will win sole physical custody because she went to school there for so long even though I drove her and did this for her best interest. Pa is terrible for child custody enforcement. I was told no police, state police, or sherrif would come with me to go get her and I had to file a contempt of court which would take 6-8 weeks to get to that point. In the meantime he can go and do whatever he wants to do and in Doylestown family Court yesterday she told me that they basically give them a slap on the wrist.(a secretary for the court told me this) Some judicial system!

[LegalBeagle]

I am confused still.. who has court ordered physical custody of the child in question and where has she lived for the past 6 months ?

It does look like your only option is to get an attorney in PA. You should be able to find attorneys that only want $1500 for a case like this.

Sorry, but without sitting down with you and reading all the court orders and hearing all the recent events I can not give you specific advice other than you get an attorney.


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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

My reply is, my daughter in question has been living with me and I have physical custody of her. I have registered my address with the Court in the town in which I live. I am in the process of searching for a reputable attorney. I hope $1500.00 will do the trick, thats no problem. Thanks for the advice, I know this is just a site for info and the only legal advice is from a licensed attorney in Pa. This is a helpful site.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Debilyn:
[b]My reply is, my daughter in question has been living with me and I have physical custody of her. I have registered my address with the Court in the town in which I live. I am in the process of searching for a reputable attorney. I hope $1500.00 will do the trick, thats no problem. Thanks for the advice, I know this is just a site for info and the only legal advice is from a licensed attorney in Pa. This is a helpful site.[/b]<HR></BLOCKQUOTE>


Ok, that makes a big different. You have legal court ordered physical custody and he refused to return the child to you ? and the child has been in NJ for at least 6 months ?

He is in violation of the court order and you can get an attorney to file an ex-parte motion to seize the child and return her to your custody.

Yes, I understand that but it could take up to 8 weeks. I was told it would take that long because it is not considered an emergency. Here is another question. I have her now I went and got her when she was outside with her dad and he relunctantly gave her back. He said he will deny not allowing me access to her and its my word against his. Can he be denied visitation due to the fact I am afraid he will do this again? I have not decided which attorney to go with, why do they all give different advice not to mention prices. I had one in NJ who is Pa. and NJ licensed but I feel maybe I should get one who knows the laws in Bucks County regarding custody issues.
He had her for 5 years in his school district and said that will make him win his case. Thanks for the info.

[LegalBeagle]

First of all, NJ has jurisdiction in this case if the child has been there for at least 6 months and no other action was filed in PA during that time.

You do not have to wait 8 weeks, get an attorney to file an Ex-Parte motion. If he does not have court ordered visitation for that period and refuses to return then you can go to court and inform them of that fact.

As for proof, there must be someone else who know about this.. including the child.

The attorney who is PA and NJ licenced would be a good bet as they can defend any action regardless of where it is filed.

Thanks for the info. I will see an attorney next week and find all the facts out. My mind is more at ease tonight. Such a sad situation to fight over children. Even though I dislike him for this I will not talk negative about him to my daughter. I have it easier than some after reading the message boards. My fight is just beginning. Thanks.