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Maverick
Maverick, Lawyer
Category: Family Law
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Experience:  Civil Law - 13+ years
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If custody was started in Pa. when both child and mother lived

Customer Question

If custody was started in Pa. when both child and mother lived there and now live in N.Y. and father lives in virginia, will the mediation stay in Pa. if another mediation has now been requested and is on the docket?
Submitted: 5 years ago.
Category: Family Law
Expert:  Maverick replied 5 years ago.

Is there a custody suit still pending in PA?

 

Who has requested another mediation and where is it being requested?

 

What happene to the 1st mediation?

Customer: replied 5 years ago.
My daughter has lived in Pa. with her children since child was born. I'm not sure what you mean by pending but custody trials and mediations have always been here in Crawford County. The father after 91/2 yrs has tried to get custody and has lived in Virginia. He won the last custody because my daughter was in the middle of moving to N.Y. and hadn't established a place to live at the time of mediation. My daughter has requested the mediation although she's only been in N.Y. for about 5 months. The father threatened to bring it to virginia. Is that possible???
Expert:  Maverick replied 5 years ago.

I need a clarification. Is there any pending lawsuit in any of the states right now? Also, I do not understand what you mean that father won last custody battle if mother still has custody and is living with the child in NY. Thanks.

Customer: replied 5 years ago.

If by pending you mean has mediation been started, yes. She paid the fee she was told to pay and it now is on the docket. At the time of the last trial she had not yet moved to N.Y. She was in the middle of it and had no job at the time. She is NOW is in N.Y. The judge gave joint custody to father because the father was settled in Virginia for some years and my daughters future was still unsure. She now has a good job and new home in N.Y. as I mentioned for the past few months. She applied for mediation to the same family court in Pa. although she lives in N.Y. Also, my daughter always had my grandson the most of the year except for summers and holidays. The father has now found out that my daughter has applied for mediation and has threatened to bring the case to virginia since he now has my grandson.

This is all so important for us since he only allows my grandson talk to his mother on speaker phone where she has no privacy. He has stoped me from talking to him or e-mailing me now. He wants complete control.

If I'm misunderstanding about what "pending" means please explain and I hope you will be patient with me. Ask me whatever you need and I'll continue to trying to do my best! Thanks...

Expert:  Maverick replied 5 years ago.

http://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf

 

At the link above you will find information about the Uniform Child Custody and Enforcement Act. Virginia has adopted this law under the section quoted below. The law is not very clear and is difficult to understand even for an experienced lawyer. However, it appears to say that the VA father could not modify a custody order issued from PA unless the VA court had the power to initially issue a custody order. So, as long as the PA court is willing to continue to exercise jurisdiction on the issue, the VA courts are not likely to touch it.

 

 

 

 

§ 20-146.14. Jurisdiction to modify determination.

Except as otherwise provided in § 20-146.15, a court of this Commonwealth may not modify a child custody determination made by a court of another state unless a court of this Commonwealth has jurisdiction to make an initial determination under subdivision A 1 or A 2 of § 20-146.12 and:

 

1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under § 20-146.13 or that a court of this Commonwealth would be a more convenient forum under § 20-146.18; or

2. A court of this Commonwealth or a court of the other state determines that neither the child, the child's parents, nor any person acting as a parent presently reside in the other state.

 

 

Maverick, Lawyer
Category: Family Law
Satisfied Customers: 3520
Experience: Civil Law - 13+ years
Maverick and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

Maverick,

Thankyou for your help! I thought I did accept the answer and I checked my bank account and saw that both $30.00 was paid then I gave a $10.00 donation 'so-to-speak'.

Both have been taken out to your billing account. I hope you've noticed this and if there is still a problem please let me know.

Expert:  Maverick replied 5 years ago.
Thank you very much.

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Maverick
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Civil Law - 13+ years