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Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.
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.
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.
So the kids could still have to go back to IN? Even though she brought them here willingly?
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.
But as I mentioned, I don't believe the Penn court would do that.
If she filled for custody in IN could they order me to return?
What about temp. custody for the mental illness?
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.
How? how can they order me back if she brought them her willingly?
Because the state still has jurisdiction over the child until the 6 month period has passed.
No problem. Anything else I can assist with?
No I just cant believe that there is nothing I can do.
I would look into a restraining order. It would basically accomplish the same thing.
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