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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2089
Experience:  Practicing Attorney with 10 years experience
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I need to know if have grounds to file custody

Customer Question

i need to know if have grounds to file for emergency custody of my children. my 12 year old daughter just tried to kill herself - my ex wife who has custody has a history of mental illness.
JA: OK. The Family Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: Thank you
JA: Anything else I can tell the Family Lawyer before I connect you two?
Customer: I live in Ga - they are In PA-
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.
I am so sorry to hear that. I hope she is recovering. Yes, I think if the environment she currently is in created a situation where she wanted to take her own life, then it is critical that you bring it before the judge and see if you can change her environment for the better. I think the history of mental illness with the mom is a strong determining factor for the court to consider.
Customer: replied 1 year ago.
What steps do I need to take. She is 12 years old. Her mother has a history of past suicide attempts.
What do I need to do to prove that her current environment is what is causing these feelings. She and her brother live in Pennsylvania and I am in ga. I need to know how long this process may take from start to finish so I can take a leave of absence from work if necessary.
Expert:  Asad Rahman replied 1 year ago.
It is hard to predict how long it can take. Do you have a current custody order? If so, then you file in the court that initially granted the divorce and the custody to mom. If you request an emergency hearing then usually judges will grant them that week but otherwise I would suspect a 30-60 day time before a hearing is granted. Really, it is the hearing that will determine if a change of custody is granted. If you like we can talk by phone, but there are additional charges.
Customer: replied 1 year ago.
We were divorced in GA but she currently resides in Pa. But you are saying I would file in the county of the original court order.. not the county they live in.
Expert:  Asad Rahman replied 1 year ago.
If the children have lived in Pennsylvania for more than 6 months, then the Pennsylvania courts will acquire custody. You would then file to register the divorce decree in Pennsylvania and then ask for the change of custody in a separate motion. I would suggest having an attorney represent you which could also help minimize any travel that might be required.

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