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what do you do when your child is kept from you

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crystal shaddea

Junior Member
What is the name of your state? virgina . My sons father is keeping him from me. He lives in PA with my son. The only way i get to see him is if i go to PA. When i ask him if we can work something out so i can bring my son down here he tells me that he doesnt know what to tell me.
 


I AM ALWAYS LIABLE

Senior Member
crystal shaddea said:
What is the name of your state? virgina . My sons father is keeping him from me. He lives in PA with my son. The only way i get to see him is if i go to PA. When i ask him if we can work something out so i can bring my son down here he tells me that he doesnt know what to tell me.

My response:

Did you have a "legal" question?

Are you off the drugs, and have you sought treatment?

IAAL
 

casa

Senior Member
crystal shaddea said:
What is the name of your state? virgina . My sons father is keeping him from me. He lives in PA with my son. The only way i get to see him is if i go to PA. When i ask him if we can work something out so i can bring my son down here he tells me that he doesnt know what to tell me.
Is there a court order re; custody/visitation? If so, what does it say? Who does the transportation?
 

Zephyr

Senior Member
yes you will need to provide much more info to get good advice...

as casa said:
do you have a court order?
is there an order for visitation?
what is the custody arrangement, joint, sole, legal, physical?
who created this distance? has this distance been created since the last court order, if there is one?
 

crystal shaddea

Junior Member
son out of state

I live in Virginia. My 4 year old son lives in Pa with his father. We have a court order that was set up when i was still living in Pa. That court order gave him primary physical custody and i got my son from Sunday at 8 pm til Tuesday at 6 pm. He got our son the rest of the time. But before this court order there was a order that I had primary custody and he had our son from 7 pm Friday to Sunday at 7 pm. Natuarlly he wasnt happy with that and filed an appeal. that is how we got the second order. the reason he got primary is because i moved around alot. Now i have been in one place for almost a year. I now have a valid drivers liscense and legal vehicle and he still wont consider any type of visition. i have 2 other children that is to a different man. I dont feel that it is healthy for any of the children not to be able to see each other. I cant afford to go to PA frequently. Its just to much. i dont know what i am suppose to do. is it possible for him to have this much control? absolutly no body will help. what do i do?
 

stealth2

Under the Radar Member
You'll likely have to file for a modification as it's likely the current visitation is no longer feasible. It is, however, entirely likely that you will be responsible for the transportation since you are the one who moved and created the distance.
 

BL

Senior Member
The Orders were made in PA . For PA. Custody/Visitations .

You created the distance . Of Course He would say he don't know what to tell you .

You actually moved and want Him to transport the Child to and from PA. to VA. ?

He's not obligated to , and given the prior Orders I doubt , but you could try , Petitioning PA. Court to modify the Orders to meet him 1/2 way , or you pick them up he brings them home , but that's very unlikely .

As far as the " Other " children " , that has NO bearing .

Now Why don't you move Back to PA. , so you can visit your Child there ?
 

crystal shaddea

Junior Member
what to do

i live in virginia. no i cant move back to pa because i dont have anywhere to go up there. my life has been alot better since i have moved from there. i have never been on drugs and alcohol. ive never had any problems with any of this stuff. i never intend for him to bring our child down here. i told him that i would even provide all transportation. he still says no. i have done everything right since that court hearing. he has the right to keep our child away from me? is that what everyone is trying to tell me. just because he has primary custody does not make me a bad mother. my son lived with me for almost 3 years of his life. the judge said that the father would be the one most likely to encourage a relationship with the other parent. well the judge was wrong. if he was i would get to see my son more often. i cant anyone in pa to help to file for a modfication. i dont have the money for a lawyer and legal aid wont help because i would be the on petioning. so what am i suppose to do, forget my son ever exsisted
 

LdiJ

Senior Member
crystal shaddea said:
i live in virginia. no i cant move back to pa because i dont have anywhere to go up there. my life has been alot better since i have moved from there. i have never been on drugs and alcohol. ive never had any problems with any of this stuff. i never intend for him to bring our child down here. i told him that i would even provide all transportation. he still says no. i have done everything right since that court hearing. he has the right to keep our child away from me? is that what everyone is trying to tell me. just because he has primary custody does not make me a bad mother. my son lived with me for almost 3 years of his life. the judge said that the father would be the one most likely to encourage a relationship with the other parent. well the judge was wrong. if he was i would get to see my son more often. i cant anyone in pa to help to file for a modfication. i dont have the money for a lawyer and legal aid wont help because i would be the on petioning. so what am i suppose to do, forget my son ever exsisted
You need to take it back to court (in PA) and ask for a specific visitation schedule based on the new situation. Until you do, dad is going to continue to take advantage of the fact that you can no longer maintain the original schedule.
 

stealth2

Under the Radar Member
Also, Sunday - Tuesday visitation would be out in a year when the kid starts school. So it's got to be modified. You can file for a modification yourself.
 

BL

Senior Member
I cant afford to go to PA frequently. Its just to much.
Then you State in a later reply ," I even told him I'd provide ALL the transportation ".

You were told what you need to do , Start researching ....The Procedures for filing on your own .

About what the Judge Stated . That was while you were in PA .
 

crystal shaddea

Junior Member
money is an issue

i know what i have to do. but money is an issue now days. i just dont have alot of it. and i cant get anyone to help me with a lawyer. gas is over 3 dollars a gallon now. ive tried everything possible and in order to even fight him ill need a good lawyer. he lives at home with his mom and dad sohe has the money to do all of this.
 

stealth2

Under the Radar Member
Then you have to do the research and file it yourself! Search out the PA court website and find out what you need to file, and whether you can do so via fax or online. Start helping yourself with this, if you can't pay a lawyer.
 

crystal shaddea

Junior Member
ideas

can anyone give me an idea where or how i can get the forms to petion to modify custody.ive looked on the internet but i cant seem to find the right form
 

BL

Senior Member
If you can't find them on line , call the Clerk's Office at the Court that made the Orders , and ask if they can send them .

Also , If you can't afford to travel , and are otherwise consider indigent , you could request a Telephone Hearing , or Your State could take your testimony in a trial , and His State take His testimony , and His State PA Court would make the decision .

IF the State's Laws allow it .
 

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