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Child Custody

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nicvic

Member
What is the name of your state? Pennsylvania

Hi, my sister has a 1 year old little boy and lives with the father of the child and his parents. This morning they drove her to work just like it was any other day and around 1pm she was served with a court order that the father of the child was suing for custody. When she returned to the home to retrieve her belongings and her son she was not permitted entry. She went to the police and they said there wasn't anything she could do. She contacted Family Court and was told they would need to call her back, they called her back and said there was nothing they could do but they did set her up with a lawyer who will contact her on TUESDAY. Is there anything she can do?
 


S

Silverplum

Senior Member
nicvic said:
What is the name of your state? Pennsylvania

Hi, my sister has a 1 year old little boy and lives with the father of the child and his parents. This morning they drove her to work just like it was any other day and around 1pm she was served with a court order that the father of the child was suing for custody. When she returned to the home to retrieve her belongings and her son she was not permitted entry. She went to the police and they said there wasn't anything she could do. She contacted Family Court and was told they would need to call her back, they called her back and said there was nothing they could do but they did set her up with a lawyer who will contact her on TUESDAY. Is there anything she can do?
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No. But it was very nice of Family Court to set her up with an attorney.
 
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nicvic

Member
That's what I thought. It was so horrible to blindside her like this. And it was very smart of them to do it on a Friday when everything shuts down early so she is unable to do anything. They even contacted the State Police but they said since the baby is with the father there is nothing that can be done since there is no custody order in place, I guess it is sort of like possession is nine tenths of law even with babies
 
S

Silverplum

Senior Member
nicvic said:
That's what I thought. It was so horrible to blindside her like this. And it was very smart of them to do it on a Friday when everything shuts down early so she is unable to do anything. They even contacted the State Police but they said since the baby is with the father there is nothing that can be done since there is no custody order in place, I guess it is sort of like possession is nine tenths of law even with babies
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This is very "normal." Clearly he has legal counsel.

Not "nice," but nobody said a family ripping apart was gonna be nice.
 
C

cc6

Member
You need to check with your local Police or Sheriff Department , but I know California Law states when you live at a residence for more that 30 days, you have established residency. The owner of the property has to serve you with a 30 day eviction notice. Meaning, this gives you 30 days to find another place to live while you stay at the residents. If you just want to retrieve your property, than call yoyur local Law enforcement agency and ask for a civil standby. They cannot lock you out of the home and they cannot keep your belongings. You have as much right to be there as they do. I am in Law Enforcement here in California. I deal with this on a daily basis.

As for the custody order, did he just apply for custody, or does he have an order?
 
P

ProSeDadinMD

Senior Member
cc6 said:
You need to check with your local Police or Sheriff Department , but I know California Law states when you live at a residence for more that 30 days, you have established residency. The owner of the property has to serve you with a 30 day eviction notice. Meaning, this gives you 30 days to find another place to live while you stay at the residents. If you just want to retrieve your property, than call yoyur local Law enforcement agency and ask for a civil standby. They cannot lock you out of the home and they cannot keep your belongings. You have as much right to be there as they do. I am in Law Enforcement here in California. I deal with this on a daily basis.

As for the custody order, did he just apply for custody, or does he have an order?
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Was I absent the day that PA and CA merged?
 
C

cc6

Member
for ProSeDaden


I am not here to offend anyone. So please, please dont take offense. Just offering a bit of advise from something I deal with on a daily basis. I have a huge great respect for attorneys.

Sorry if I offended you.
 
C

cc6

Member
Again, I am not here to offend any of the senior members, attorneys, ect.... I have a huge respect for the job they do and the hard work they put in on this forum.

I was just offering a different perspective. Sorry
 
C

cc6

Member
ProSeDadinMD said:
Was I absent the day that PA and CA merged?
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You were apparently absent in reading class because I clearly stated at the begining of my responce that "CALIFORNIA LAW STATES"!!! And I was unsure of the laws in PA. I happen to work in law enforcement and was just trying to add some in-site.:mad:
 
stealth2

stealth2

Under the Radar Member
cc6 said:
You were apparently absent in reading class because I clearly stated at the begining of my responce that "CALIFORNIA LAW STATES"!!! And I was unsure of the laws in PA. I happen to work in law enforcement and was just trying to add some in-site.:mad:
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And CA law is completely irrelevant.
 
C

CourtClerk

Senior Member
On top of all that, I don't believe that CA law states that anyway...

So if cc6 could provide the pertinent statue, I for one, would appreciate reading it.
 
LdiJ

LdiJ

Senior Member
CourtClerk said:
On top of all that, I don't believe that CA law states that anyway...

So if cc6 could provide the pertinent statue, I for one, would appreciate reading it.
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Actually the "tenant" issues are fairly normal and most states have something similar in place. I thought that cc6 was making reasonable suggestions, despite the fact that the state was different.
 
C

CourtClerk

Senior Member
LdiJ said:
Actually the "tenant" issues are fairly normal and most states have something similar in place. I thought that cc6 was making reasonable suggestions, despite the fact that the state was different.
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That, I'm not arguing, and although I have not worked in a UD courtroom in a little while, I don't believe there is a specific statute that states that someone has created a tenancy after 30 days. In fact, you can in fact create a tenancy in a shorter period of time. Not that that is either here nor there in this situation.
 
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nicvic

Member
Even though the issue of her tenancy in the house is off topic to child custody, she has lived in the home for over a year. With all the worry about her being kept from her child we never realized that in essence she was illegally evicted so I thank the person who posted about it. She has nothing right now except for the clothes on her back. When she went to the police she was told that they could not help her and she would have to contact the constable. She has yet to hear back from him. But her major worry right now is being kept away from her child but unfortunately there is nothing she can do until Monday. Thanks for all your help
 
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