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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My wife and I with our two boys moved from LaPorte, IN to Pennsylvania

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My wife and I with our two boys moved from LaPorte, IN to Pennsylvania on May 4th 2013. A week before I found out that my wife had been having an affair for over a year. On May the 8th I found out that my wife was still talking to this person and gave her the choose between her or me, she told me her so I kicked her out of the house. My wife has a documented mental condition and the person she is in a relationship with has a documented mental condition. I need to keep my boys away from that situation. I am affraid that if I file for emergency sole custody in Indiana, I will have to return them to Indiana, because we havent been in Pennsylvania for more then 6 months. Will I have to return to Indiana if I file or not? previous to moving there had been no custody battles and my wife actually drove a seperate vehicle from Indiana to Pennsylvania.

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

I'm sorry to hear about your situation and really hope I can help. Let me start by saying that while this situation is extremely regrettable, I'm of the opinion that a Judge would not order you temporary custody based on a relationship. Temporary orders are for immediate danger, not for something that could possibly happen in the future if the child was around that person. I think you may find more traction getting a restraining order against the partner.

SoloLawyer :

That being said, the court there could probably enter a temporary order, but the Indiana is still going to have permanent jurisdiction over the custody of teh child because of the six month issue. If the court in IN did order a temporary order, ultimately the case would need to be transferred back to Indiana for anything permanent.

Customer:

So the kids could still have to go back to IN? Even though she brought them here willingly?

SoloLawyer :

I'm sorry, I meant to say that Penn could order a temporary order, but Indiana still has permanent jurisdiction until you've been in Penn for six montns.

SoloLawyer :

But as I mentioned, I don't believe the Penn court would do that.

Customer:

If she filled for custody in IN could they order me to return?

Customer:

What about temp. custody for the mental illness?

SoloLawyer :

Yes, she could. Again, you would have to show immediate danger related to the illness, like putting the in harmful situations (tightrope walking) or feeding them things that could kill them (broken glass). I know those are extreme, but I'm trying to get the point across that the behavior has to be dangerous and immediate.

Customer:

How? how can they order me back if she brought them her willingly?

SoloLawyer :

Because the state still has jurisdiction over the child until the 6 month period has passed.

Customer:

Thanks

SoloLawyer :

No problem. Anything else I can assist with?

Customer:

No I just cant believe that there is nothing I can do.

SoloLawyer :

I would look into a restraining order. It would basically accomplish the same thing.

Customer:

Alright thanks

Customer:

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