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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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my friend & her ex dont have a formal custody agreement but

Resolved Question:

my friend & her ex don't have a formal custody agreement but she has primary physical custody of their daughter & the father gets her on most weekends. my friend rescently reconnected with two brothers that she had lost contact with 10 years ago & planned a trip this weekend to go see them & their family's with her 4 year old daughter. she told her ex about her plans & he threw a fit & made many disparaging remarks about her & her family. he then proceeded to go to her apartment & forcibly took the daughter away from her mother by physically pushing my friend out of the way & taking the girl to his house. this all occurred at 11:30 at night & the little girl was sleeping at the time. he now won't let my friend see her daughter & posted a note on his door saying she would be sorry if she didn't stop banging on his door trying to see her daughter. the state police in PA told her without a formal court agreement there is supposedly nothing they can do about this. what can be done?
Submitted: 8 years ago.
Category: Family Law
Expert:  Tina replied 8 years ago.

Thank you for trusting our JA team for guidance. We are happy to assist you. However, we need a little more information about your question.

 

Please let me know what state your friend is in. Also, was she married to the father when the child was born? Is his name on the birth certificate?

 

Customer: replied 8 years ago.
state is pennsylvania & she was never married to the father. however they lived together for 5 years. they have been apart for almost 2 years now.
Expert:  Tina replied 8 years ago.

I see. Your friend needs to file an emergency petition for custody of her child with the court. She should seek assistance from legal aid if she cannot afford an attorney. There are also women's resource centers in some areas the can provide limited legal assistance or referrals.

 

The state bar association can refer her to family law attorneys in her area. This form should help her get started. The clerk of the local family court may accept it. She should contact the clerk of the court then ask for the duty judge to sign an order tomorrow granting her temporary custody. http://courts.phila.gov/pdf/forms/domestic-relations/prose-emergency-custody.pdf

 

 

Please let me know if you need additional information.


Best regards XXXXX XXXXX

TG

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