Custody help

[nitro1692000]

I live in SC, my ex lives in AR.  We moved apart in 11/03 with a separation and visitation agreement from PA.  3/04 my ex filed for divorce in AR, I wasn't served yet the divorce was finalized 6/04 without my knowing or consent, my ex also failed to inform the AR courts of the existing custody order from PA.  I hired an attorney who is working on reversing the divorce until the terms are mutually agreed upon by both parties, 9/04 is that court date.  Currenty I have my children with me in SC, just a couple days ago I found out My ex has moved from AR without notification to MO.  I confirmed this by calling the MO schools to find my children registered.  My ex has not told me anything and wants me to meet her at a restaurant, not her house cuz she don't live there anymore.  She has threatened the kids to not tell me, my understanding is that she is afraid to let me see the living conditions of the house which my daughters tell me is horrible, only 1 bedroom with 2 girls, 1 boy, and 2 adults is bad enough, add in the fact there are no doors on any of the rooms, and the house is full of bugs and rodents and the house has been on fire 3 times.  Upon one of their visits they said protective services came for a complaint that was made by the mother of the child living there at the time...  I am suppose to return my children by Tuesday of next week.

1.  I need to file an exparte correct?

2.  What state do I file this in, my current state of SC?

3.  What existing case # do I use when filing, PA or AR?

4.  Knowing what I have said, is this the best route, or do you have any other ideas that might better suit the situation?

[socrateaser]

>1.  I need to file an exparte correct?

Petition for Custody of Minor Child and Ex Parte Motion for emergency temporary custody, on grounds that the mother no longer lives in the jurisdiction of PA, that she fraudulently obtained a divorce and custody order from the AR courts, that she now resides in MO, and that the living environment of the children in MO are dangerous to the children's health.

>
>2.  What state do I file this in, my current state of SC?

Assuming that there is no proof of service, filed with the AR court, then SC.
>
>3.  What existing case # do I use when filing, PA or AR?

You will get a new case #.

>
>4.  Knowing what I have said, is this the best route, or do
>you have any other ideas that might better suit the
>situation?

In order to get your temporary order, you will need something more than your words. You will either need the children to testify to the living conditions, or a report from the county building department where the residence is located (MO), the public health department, child protective services, or some good photographs/video of the living space that would convince a judge that the children are in harm's way if returned to the mother. Otherwise, you're wasting your time.

If you can personally serve (via the MO sheriff, or a private process server) the mother with a summons from an SC court, while the mother is in MO, that would almost certainly get you jurisdiction in your State.

I don't know why your attorney is attempting to negotiate this issue. If I had credible proof that the mother and children had relocated to MO (copy of school enrollment records) and that an AR divorce was fraudulently accomplished (no proof of service of summons filed in AR court), then I would simply file in SC, because the above facts permit an SC court to modify your existing PA custody order.