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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 516
Experience:  Attorney with 13 years experience.
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My husband filed emergency custody and took my 3 kids

Customer Question

My husband filed emergency custody and took my 3 kids because I'm having an MS attack. Instead of going to the hospital, I'm having the steroid treatment here for home health covered by Veterans Affairs. We were legally separated in nc, he stopped paying child support. Lost the house, moved to Philly with family, suckered in to try and reconcile. I know the kids missed their dad so I ended up in ohio. He didn't do anything he said he would. I tried to go to the lighthouse but he picked up my daughter from school so I couldn't get her. Had to wait to file here 3 months. I've only been here almost 2 months. From Lancaster, oh to Beavercreek, oh.
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

What is your legal question for me about this situation?

Customer: replied 1 year ago.
Adam showed up with police officers. I told hI'm I wasn't going to give up the kids so he could take them to Lancaster. I had already informed him that I could get my MS steroid treatment here by a nurse. CPS was notified because of my condition. They notified them that there was no reason to take the kids. Now today, he received an emergency custody order in Lancaster. Adam had told the police that he needed the order to put my daughter in school. How do I get them back? Daughter is in school.
Expert:  Alex J. Esq. replied 1 year ago.

I am not permitted to tell JustAnswer.com what to do in their specific situation or list all of the legal rights that might potential apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me?

Thank you.

Customer: replied 1 year ago.
What do I need to file to get my kids back?
Customer: replied 1 year ago.
Waste
Expert:  Alex J. Esq. replied 1 year ago.

It appears that you are seeking a legal advice, which can only be provided by your local attorney during an in person consultation. I will opt-out of your question at no charge to you and wish you the best of luck!

Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

I am a licensed Pa Attorney.

There are many questions I have regarding your fact pattern. If any of my assumptions are inaccurate please advise so I can let you know if it changes any of my advice. I am assuming that you had a temporary custody order when you moved to Ohio, but I'm unsure as to what state that was or was not enter in. Custody jurisdiction is determined based on where the children have resided for the last 6 months. However, since children haven't been in Pennsylvania for more than 6 months or Ohio for 6 months it sounds like there are far more contacts in Ohio than in Pennsylvania.

I would recommend starting a custody action in your home county in Ohio as that is the place where they attended school, doctors, friends, neighbors, excetera. I would then recommend filing an emergency motion to transfer the action from Lancaster back to the matter you have initiated in Ohio. The procedure is then supposed to be that the respective judges assigned to each case speak and resolve the issue of jurisdiction. You will testify in the emergency hearing in Lancaster that there was no emergency on Dad's part as there is no danger to the children which is confirmed by CYS' investigation. It is critical that you initiate action in Ohio as that gives a place for the judge in Pennsylvania to send the case to for a resolution. Ideally you will need an attorney in Ohio and an attorney in Lancaster PA. If you can only afford one I would select the attorney in Lancaster PA as you can handle the stuff in Ohio on your own if absolutely needed. It sounds like husband has a very weak custody case which is why the the battle and issue is for location to be tried rather than merits of the case. Unfortunately, you must think of this like a war in selecting your battle ground is a huge part of the ultimate outcome of the battle . Whoever wins the jurisdictional question will likely win the overall case. This is unfortunately a complex question and this text and an answer format is not the fastest way to do this. If you have additional questions I'm willing to have a phone consult with you for an additional fee. I will send you a phone offer proposal if you have interest.