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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is it possible to get an injunction to prevent change of primary

Resolved Question:

Is it possible to get an injunction to prevent change of primary custody(I have had custody for over 9 years of my 2 granddaughters, have had 11 hearings from 2007 until now....last hearing gave mom primary custody)until a new hearing can take place(filed for contempt of court and modification again). Mother was ordered to participate in parenting classes, meet with court appointed parenting coordinator, ensure summer services for 1 child who is Learning Disabled, and just last week was diagnosed with ADD/ADHD Combined Type. She will need medication, close monitoring, meet with psychologist. Mom does not have health insurance so girls would be put on welfare. If we cant get emergency hearing quickly, can we get injunction since mom is in contempt of order?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please clarify:

1) Who has the children now - the mother or you?

2) By "injunction," do you mean (a) to stop her from filing for custody, or (b) for you to get emergency custody from her right now while you are filing a petition to modify custody?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


I have had custody for over 9 years. A few months ago after 10 hearings, a new judge ordered a flip-flop for a period of time beginning with the end of school year. For this to happen mother had to attend parenting class, work with a court appointed parenting coordinator, provise specific services for a special education child. Mother lives not only in different school distric(North Philadelphia) but also county. We reside in Bucks County. We have filed a contempt order for mothers failure to obey order and modification to keep girls here.

Expert:  Ely replied 1 year ago.
Robin,

Thank you for your clarification.

You may indeed seek an "injunction" as you put it. However, the term "injunction" is not correct. An injunction is normally a "restriction" such as a keep away order.

Here, what you are seeking seems to be an emergency order for custody. As such, someone in your situation would want to have their attorney file an Ex Parte Motion for Temporary Custody with the contempt motion.

The ex parte motion is a motion that is filed and heard ON THE SAME DAY, without even the other party being aware of it. If there is sufficient danger to the child, the Judge will allow an immediate custody decision for now, and then this matter will be re-heard once the other party is served and has a chance to reply.

In other words, you may request emergency custody if there is reason to do so, and the Court agrees.

Even if the Court does not agree to grant the ex-parte request, you may still request that the Court modify custody in temporary orders if there is a need to do so.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86526
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

In addition to prior information, since the last hearing there are a couple police reports from when the girls refused to go on visitation, told officers in private mother was emotionally and verbally abusesive, the are drugs and people using them around mothers home, a social worker in the oldest girls school(she is 13)reported emotional and verbal abuse to DHS in Philadelphia after many months of weekly meetings with my granddaughter. Social Services in our county said report had to be made where mother resides which is Philadelphia County. All of mothrs extended family are drug users and sell it, mom also uses but I can't say I have ever seen her doing so. We had custody evaluation 2 years ago that took 6 months to complete, and recommendation was that grils remain here. What can we do to keep them here and end the constant court filings. Mom has never paid an attorney, nor did she pay for custody evaluation, so she can keep filing constantly. She has no reason to comply.

Expert:  Ely replied 1 year ago.
Robin,

There is no way to "end" court filings, I am afraid. If the mother wants to, she may file a custody challenge and may continue to do so. The Court will dismiss it as frivolous if it is, but the mother has a chance to try.

As for "keeping them here," it simply entails showing to the Court that it is in the best interest of the children that they remain with you.

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