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Child Custody

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tuffbrk

Senior Member
I don't know - I thought the attorney was going to contact the sister on Tuesday? Is it possible to be served with a custody suit notice a mere 2 weeks before the scheduled date? Gosh - in Jersey you can't even get into a mediator's office in 2 weeks, never mind on the court's calendar.

What address is listed on her driver's license? Can she prove she was a resident? I think the OP's sister needs to push on the illegal eviction or contact the sherriff's office or something to obtain her belongings.
 


Silverplum

Senior Member
I think we should revert back to the general policy of telling the poster to put her sister on the phone.

I was the first to answer, I think, and I will be the first to say that this has gone beyond what we can do with a third party and no exact verbiage from paperwork.

I'm also looking a bit askew at this one now that the "lawyer" part and the "Tuesday" part seem to be off the table all of a sudden. ;)
 

nicvic

Member
Yes she was told that the lawyer that the family court set her up with (which is legal aid) would call her Tuesday, but my sister made it a point to call them today so she could tell them about the birth certificate thinking that it could make a difference. I am sorry that I am asking for advice instead of my sister but she does not have access to a computer.

She does not have a drivers license, but her paystubs have the address on them and also she gets medical assisstance and WIC for the baby and they are both registered with the address she was living at with the boyfriend, the baby, and his parents.

I am just trying to help her, I do not mean to upset anyone here by asking questions for her. My mother and her are just trying to help her since we can not seem to find anyone that is willing to help even if it is only advice
 

Silverplum

Senior Member
Yes she was told that the lawyer that the family court set her up with (which is legal aid) would call her Tuesday, but my sister made it a point to call them today so she could tell them about the birth certificate thinking that it could make a difference. I am sorry that I am asking for advice instead of my sister but she does not have access to a computer.

She does not have a drivers license, but her paystubs have the address on them and also she gets medical assisstance and WIC for the baby and they are both registered with the address she was living at with the boyfriend, the baby, and his parents.

I am just trying to help her, I do not mean to upset anyone here by asking questions for her. My mother and her are just trying to help her since we can not seem to find anyone that is willing to help even if it is only advice
We're not ANGRY, we just can't give VALID points or "advice" without knowing EXACTLY what was filed and what it says. We usually boot 3rd parties right away, because they can't provide the info we require in order to give pertinent and correct answers.
 

tuffbrk

Senior Member
WIC and medical assistance are obtained and registered to your sister at the address that she was residing with her BF and his parents? I'd think that would be enough to prove her residency which should allow for her to obtain police assistance in retrieving her belongings. It should also be enough to establish proof that she is/was the primary care providing parent for the child. Without the BF having any formal custody at this point, I don't understand why she can't file for kidnapping by non-relative?

I feel as if something is missing here....
 

tuffbrk

Senior Member
We're not ANGRY, we just can't give VALID points or "advice" without knowing EXACTLY what was filed and what it says. We usually boot 3rd parties right away, because they can't provide the info we require in order to give pertinent and correct answers.
Yes SP - you are absolutely correct!! There is definitely missing info in this psot which the party posting may not even be aware of.
 

nicvic

Member
We're not ANGRY, we just can't give VALID points or "advice" without knowing EXACTLY what was filed and what it says. We usually boot 3rd parties right away, because they can't provide the info we require in order to give pertinent and correct answers.
I am hoping to be able to see my sister in the next day or two so I will see if I can get the papers so I can tell you exactly what they say.
 

nicvic

Member
WIC and medical assistance are obtained and registered to your sister at the address that she was residing with her BF and his parents? I'd think that would be enough to prove her residency which should allow for her to obtain police assistance in retrieving her belongings. It should also be enough to establish proof that she is/was the primary care providing parent for the child. Without the BF having any formal custody at this point, I don't understand why she can't file for kidnapping by non-relative?

I feel as if something is missing here....
No one will help her, her boyfriends step-father (who resides in the home) works for the city that they live in and is friends with all the police, the constable is a relative of theirs also. We also can't understand why she can not file kidnapping charges, the legal aid lawyer asked her if the boyfriend was the father and my sister said yes but he is not on the birth certificate. The lawyer told her that since the boyfriend has acted as the father since birth and since he filed the custody papers as the childs father that taking that in front of a judge would not be good enough.

My sister is just frantic, she has never been away from the baby it's entire life and all she wants to do is at least just see the baby.
 

nicvic

Member
I was finally able to get a copy of the papers my sister was served on 3/14. It is a complaint for confirmation of custody/complaint for custody. There is a section of the papers that her boyfriend had to fill out asking with whom the child resides, he stated himself, his mother, stepfather and his sister. He signed these papers on 3/13 while my sister still lived there. There is also a section where he had to state why the best interest and permanent welfare of the child will be served by granting the relief requested and he stated because he is meeting the childs daily needs and he provides clothes and necessities for the child

Nothing has been signed by the courts and there is no docket or case number

Also he stated at the time he filed the papers that he had physical custody of the child, my sister was home with the baby the whole day of 3/13 when he signed these papers

My sister still has not been allowed to see her child. She has been calling his cell phone once a day to ask to see the baby and he nevers answers the phone except for yesterday, when she asked him if she could see the baby he stated that the papers state that she can not see the baby (the papers state no such thing)


From what I can understand from these papers is that this petition is being presented to a Pro Se Motions Judge on 3/31. What does this mean?
 

nextwife

Senior Member
she has never been away from the baby it's entire life and all she wants to do is at least just see the baby.
She has never, until FORCED to, been apart from this baby since BIRTH????? And why is that?

Seems rather odd to never have stepped out and let another, including the child's own father or any grandparent, handle the caregiving.
 

Just Blue

Senior Member
I am hoping to be able to see my sister in the next day or two so I will see if I can get the papers so I can tell you exactly what they say.
If you want to help your sister have her come here and sign up and start a thread...she can do a link to this one. We need to "talk" to her...
 

nicvic

Member
When I say that she has never been away from the baby it's entire life I mean that she has never gone days and days without being with the baby, she does have a job. I am not sure what you mean by your post
 

nicvic

Member
If you want to help your sister have her come here and sign up and start a thread...she can do a link to this one. We need to "talk" to her...
She does not have access to a computer that is why I started this thread. I posted a few days ago that when I got a copy of the papers that I would let you all know what they said,
 

Ronin

Member
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.
This hit the nail on the head. You should have taken this advice right away.

I was finally able to get a copy of the papers my sister was served on 3/14...From what I can understand from these papers is that this petition is being presented to a Pro Se Motions Judge on 3/31. What does this mean?
And this confirms it.

Bottom line is your sister needs to find some way to beg, borrow or steal the money she needs to get a good family law attorney or she just might lose for the wrong reasons. While an attorney may expect a large retainer she may be able to negotiate to pay just enough to cover the first hearing alone.

The first hearing is often the most critical in a custody dispute and can set the tone for the rest of the legal proceedings. She needs to hire the best darn family law attorney she can afford for this hearing.

Either way she needs to show up at that hearing on 3/31 with or without an attorney and explain her position in this case to the judge.

Unless I missed something in the posts, it appears from the issues with the birth certificate that the father may not have yet legally established himself as the father of this child in court. Since he is not married to the mother he may have no presumptive rights to do what he is doing with the child. If the father is filing pro se motions you really need an attorney to slam him if what he is doing is improper.
 

toribella

Junior Member
Was I absent the day that PA and CA merged?
The previous poster did say the original poster should check with the local sheriffs dept. Obviously s/he can only comment on what Ca. law is and not Pa. Looked like advice to me and not telling her the way Pa law is. JMO
 

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