Another Change of Jurisdiction question; Previous thread closed

[3junebugs]

*Update* On Hearing Today -Another Change of Jurisdiction question

What is the name of your state (only U.S. law)? PA is where my custody order is issued but my son and I live in MD.

Previous thread that was closed: https://forum.freeadvice.com/child-custody-visitation-37/change-jurisdiction-opinions-please-568298.html

I have primary physical and legal custody of my son, age 12 and have lived in MD for 8 years.

I have a motion pending to change jurisdiction from PA to MD on the basis of inconvenient forum. I filed in December and the hearing is tomorrow in front of a judge.

At our last appearance at court December 12, 2011, the judge awarded Dad a waiver of filing fees for 30 days to file for a modification to vacate orders barring my son from seeing three of Dads nephews who sexually assaulted my son 6 years ago.

Dad filed his petition to modify on January 12 to vacate these orders, modify the Xmas visitation and to also change the terms of transportation. We have a hearing set in front of a master on April 12 in PA.

Will this affect my hearing tomorrow? He filed a month after I filed for the change of jurisdiction. Can or will the judge hear his petition to modify tomorrow? Or can the judge award the change of jurisdiction and have Dad file in MD? Or can the judge order jurisdiction to be moved after the current petition is resolved?

Thanks!

 

[Ohiogal]

What is the name of your state (only U.S. law)? PA is where my custody order is issued but my son and I live in MD.

Previous thread that was closed: https://forum.freeadvice.com/child-custody-visitation-37/change-jurisdiction-opinions-please-568298.html

I have primary physical and legal custody of my son, age 12 and have lived in MD for 8 years.

I have a motion pending to change jurisdiction from PA to MD on the basis of inconvenient forum. I filed in December and the hearing is tomorrow in front of a judge.

At our last appearance at court December 12, 2011, the judge awarded Dad a waiver of filing fees for 30 days to file for a modification to vacate orders barring my son from seeing three of Dads nephews who sexually assaulted my son 6 years ago.

Dad filed his petition to modify on January 12 to vacate these orders, modify the Xmas visitation and to also change the terms of transportation. We have a hearing set in front of a master on April 12 in PA.

Will this affect my hearing tomorrow? He filed a month after I filed for the change of jurisdiction. Can or will the judge hear his petition to modify tomorrow? Or can the judge award the change of jurisdiction and have Dad file in MD? Or can the judge order jurisdiction to be moved after the current petition is resolved?

Thanks!

The answer is yes. To all.

 

[3junebugs]

The answer is yes. To all.

So basically whatever the judge decides to do; all scenarios are possible.

Thanks!

 

[Ohiogal]

So basically whatever the judge decides to do; all scenarios are possible.

Thanks!

Yep. Precisely.

 

[3junebugs]

Another Question

What happens if he doesn't show up? Is there a default judgement allowed for change of jurisdiction?

 

[LdiJ]

What happens if he doesn't show up? Is there a default judgement allowed for change of jurisdiction?

Sure, there can be a default judgement for just about anything.

 

[3junebugs]

*Update* On my hearing today

Dad showed up. My motion for jurisdiction to be changed from PA to MD based on inconvienent forum was granted. It was determined that regardless of Dad still living in PA and even my family still living in PA is not grounds for PA to retain jurisdiction. Since all of my son's significant connections are in MD, PA will no longer rule on any further custody matters Inconvienent forum doesn't apply to the CP or the NCP, but the child.

I am finally free from the horrendous Philadelphia County Family Court system after 10 years. Even if Dad appeals, he doesn't have an attorney and doubt he would be able to do it pro-se even if it got reviewed.

In the hearing we referenced Billhime V Billhime - Google Scholar
Paragraphs 8 and 9 are what directly applied to my case.

My current orders will remain in effect but any modifications will now have to come through MD. And the judge cancelled Dad's modification set for April 12 in PA. She told him he had to refile in MD.

 

[LdiJ]

Dad showed up. My motion for jurisdiction to be changed from PA to MD based on inconvienent forum was granted. It was determined that regardless of Dad still living in PA and even my family still living in PA is not grounds for PA to retain jurisdiction. Since all of my son's significant connections are in MD, PA will no longer rule on any further custody matters Inconvienent forum doesn't apply to the CP or the NCP, but the child.

I am finally free from the horrendous Philadelphia County Family Court system after 10 years. Even if Dad appeals, he doesn't have an attorney and doubt he would be able to do it pro-se even if it got reviewed.

In the hearing we referenced Billhime V Billhime - Google Scholar
Paragraphs 8 and 9 are what directly applied to my case.

My current orders will remain in effect but any modifications will now have to come through MD. And the judge cancelled Dad's modification set for April 12 in PA. She told him he had to refile in MD.

Congrats!!