Child Custody

[stealth2]

I would suspect that there is a restraining order in effect. Which is quite different than an "eviction".

 

[nicvic]

She has not been served with a restraining order. She has paid rent to the parents of her boyfriend to live there. They took her to work this morning like it was just any other day and then had her served with custody papers this afternoon at work.

 

[LdiJ]

She has not been served with a restraining order. She has paid rent to the parents of her boyfriend to live there. They took her to work this morning like it was just any other day and then had her served with custody papers this afternoon at work.

The best way that your family can help your sister, is to help make sure that she gets an attorney quickly, even if you have to help her pay for one.

 

[ProSeDadinMD]

She has not been served with a restraining order. She has paid rent to the parents of her boyfriend to live there. They took her to work this morning like it was just any other day and then had her served with custody papers this afternoon at work.

"They" didn't have her served with anything, and may well not have been aware of it. Dad had her served.

What, exactly, do the papers say?

 

[nicvic]

Unfortunately neither me or my mother are financially able to help her out with a lawyer and my sister works parttime at a minimum wage job so she is unable to afford one. We tried to get a hold of legal aid this afternoon but they closed at 4pm, so now there is nothing we can do until Monday. She attempted to call her boyfriend (well I guess now he is exboyfriend, lol) but he did not answer. I told her she should probaly not contact him at all, but she did leave a message that she would like to see her child.

 

[nicvic]

I don't have the papers in front of me but basically it said that the father was suing custody and that a hearing has been set for March 31. It did not state why he was suing for custody, part of the papers asked who the caregivers of the child are and he stated himself, his parents and his sister. It asked whom the child lived with and he stated the same people, but at the time he filed these papers my sister (the mother of the child) also lived there but he did not list her. The papers were dated with yesterdays date

 

[nicvic]

One other thing that I failed to mention is that there is no case number on her papers and when she called the Family Division they asked her for the case number, she informed them that there was not a case number , they could not understand this. They asked if there were any seals on the papers and there was not. They then proceeded to tell her there was nothing they could do for her until Monday and helped set her up with a lawyer

 

[Ohiogal]

If there is no case number or seal she is being duped. Papers were NOT filed most likely. They may have been written but it means nothing. She needs to go to court and get an emergency order for her child as well as sue the boyfriend's parents for illegal eviction.

 

[nicvic]

Thank you, we are going to try to find where we need to go for emergency court

 

[FITFatherof2]

If this is a boyfriend, has paternity ever been established? Did the boyfriend ever sign the Affidavit of paternity?

 

[nicvic]

From what my sister says he was not at the hospital to sign the affidavit of paternity. When they received the birth certificate it said father unknown. When the boyfriends mother seen this she had them fill out the correction on the back and had it notorized, they then sent it back to Harrisburg. My sister said that they received paternity test papers in the mail but never did anything with them. She does not believe that they ever received an amended birth certificate with the fathers name on it. Her boyfriends parents kept all documents locked in their room and as I said before she has not been permitted access to the property to get any of her belongings. On Monday she is going to have to try to see how she can get a copy of the baby's birth certificate from the state

 

[nicvic]

My sister took the papers she was served to a lawyer who is located nearby, he is not a family law lawyer but he said he would take a look at the papers and let her know if they are legit or not, he says that they are but there is something missing which he said would be the first page where it states the reason why the boyfriend is filing for custody. He claims that this is normal and they can actually serve her with this paper the day of the hearing. I am assuming so it does give her time to prepare against his claims.

My next question is can anyone give me an idea of what she is to expect happen at this hearing, you know what generally occurs at the first hearing. Will it only be her and the boyfriend (and lawyers if any) or will his family and hers be permitted to be there also.

Thanks

 

[FITFatherof2]

Anyone want to add anything here? If the alleged father has not legally established paternity is he within his rights to keep the child??

 

[nicvic]

Just an update, The lawyer (legal aid) that the family division set up with my sister did not do the emergency motion this morning. He said there is nothing that he can do. My sister told him that her boyfriend is not listed on the birth certificate and he said that did not matter either since he has been acting as the childs father for the past year. She also told the lawyer that she has been denied any access to the baby and he stated that there was nothing that could be done until the hearing.

My sister also talked to another attorney today that agreed to give her a free consult (she can not afford to hire her) This lawyer stated that the papers that she was served were not custody papers giving custody that it is just a complaint for custody, and that her boyfriend has no right to deny her access to her child. This lawyer stated that she needs to get a copy of the birth certificate and file for custody herself.

Does anyone have any advice on what she could do, she just wants to see her baby and no agency she has contacted is willing to help her

 

[Silverplum]

Just an update, The lawyer (legal aid) that the family division set up with my sister did not do the emergency motion this morning. He said there is nothing that he can do. My sister told him that her boyfriend is not listed on the birth certificate and he said that did not matter either since he has been acting as the childs father for the past year. She also told the lawyer that she has been denied any access to the baby and he stated that there was nothing that could be done until the hearing.

My sister also talked to another attorney today that agreed to give her a free consult (she can not afford to hire her) This lawyer stated that the papers that she was served were not custody papers giving custody that it is just a complaint for custody, and that her boyfriend has no right to deny her access to her child. This lawyer stated that she needs to get a copy of the birth certificate and file for custody herself.

Does anyone have any advice on what she could do, she just wants to see her baby and no agency she has contacted is willing to help her

I thought you wrote that the COURT assigned her an attorney??? And that court was set for TUESDAY???

She goes to court on Tuesday with her attorney.