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Emergency Petition

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yegess916

Guest
What is the name of your state? Pa

I have joint legal custody of my 10-year old daughter, not joint physical custody. She has attended over 8 schools in her four years of schooling due to the constant moving around her mother does. Last year, my daughter attended school one block from me and spent most of the school year in my care. The mother has moved again and wants to place the child in another school for her 5th grade year making it 9 schools total. My daughter is upset and wants to stay in the school she attended last year where all her friends are, where her sister's attend and wants to live with me during the week and her mother on weekends. I tried to explain to her mother that she does not want to change schools again but her mother will not listen to it. My daughter keeps asking me if she can tell a Judge what she wants to do. I have filed for a modification of custody but it will not go before the courts for several months and school starts in one month. Can I file an Emergency Petition in her behalf so that she might be able to tell a Judge what she wants or is this not considered an emergency situation? I have tried several times and so has my daughter to work out something with her mother but she is not willing to budge.


Thank you!
 


I AM ALWAYS LIABLE

Senior Member
yegess916 said:
What is the name of your state? Pa

I have joint legal custody of my 10-year old daughter, not joint physical custody. She has attended over 8 schools in her four years of schooling due to the constant moving around her mother does. Last year, my daughter attended school one block from me and spent most of the school year in my care. The mother has moved again and wants to place the child in another school for her 5th grade year making it 9 schools total. My daughter is upset and wants to stay in the school she attended last year where all her friends are, where her sister's attend and wants to live with me during the week and her mother on weekends. I tried to explain to her mother that she does not want to change schools again but her mother will not listen to it. My daughter keeps asking me if she can tell a Judge what she wants to do. I have filed for a modification of custody but it will not go before the courts for several months and school starts in one month. Can I file an Emergency Petition in her behalf so that she might be able to tell a Judge what she wants or is this not considered an emergency situation? I have tried several times and so has my daughter to work out something with her mother but she is not willing to budge.
Thank you!
My response:

Yes, file your Motion for Change of Physical Custody based upon mother's instability, which is causing instability in your child's life.

Quite frankly, I would have filed a motion after the second or third move. You really waited too long, and should have done this long ago.

Presuming your history is "squeaky clean," the court should grant your request. So, be prepared to prove, by way of your child's transcripts, that mom has moved too many times in this child's life.

Good luck to you.

IAAL
 
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yegess916

Guest
My daughter lived in N.C. for 3 years and changed school 4 times then I begged her mom to move back and she did 1 1/2 years ago..since then it has been a nightmare.

I have been in and out of court with her so many times..back in
December,mother signed full custody of daughter to me then within 2 months, she filed an Emergency Petition to re-gain custody saying I coerced her. She won and got back custody of her. Then in March, mom went to rehab and signed a paper saying that she would be living with me until the remainder of the school year, I did not attempt to gain physical custody then because her mom is always telling me she will give it to me willingly until she gets mad with me again,then in April when she got out of rehab demanded her back, when I did not comply right away, she filed a Contempt of Cout action which is still pending. I feel like since I am a father and not a mother I am always loosing.
I am nieve for believing her lies and should have done this when she returned from Pa. Our court order ia as old as my daughter and has been in effect since she was 5 months old and I think because it has been almost 11 years it has become that much harder to reverse due to the fact that mother has had physical custody all her life.
 
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yegess916

Guest
IAAL...question?

iaal..will I have to wait until the custody modification comes time for court or should I file the Emergency Petition? I have all of her school records, attendance records(which are horrible) and all the addresses sh has lived at as well
 

I AM ALWAYS LIABLE

Senior Member
Re: IAAL...question?

yegess916 said:
iaal..will I have to wait until the custody modification comes time for court or should I file the Emergency Petition? I have all of her school records, attendance records(which are horrible) and all the addresses sh has lived at as well
My response:

Due to the fact that school will be starting soon, and that a standard Motion would, perhaps, take months to get in front of the judge, you would be justified in making an Emergency Motion so that if custody does revert to you, you'll be able to make arrangements for your daughter prior to school, for her school year.

Bring all documents to court with you.

IAAL
 
B

Beth Pouncey

Guest
What's the difference between joint legal and joint physical?
 
L

Lil Miss Smarty Panties

Guest
the way I understand it is..joint legal means both parents have equal say in decisions regarding the child. joint physical means they both have custody and equal parenting time...I'm pretty sure thats right. of course I've been wrong before lol
 

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