Another Question

[Lyrael924]

I am the NCP living in Illinois, with an 8-year-old son living in Philadelphia with his custodial mother.

My son's mother posted that she is going to be admitted into a partial inpatient program because they think she is a danger to herself.

We had our first visit with him over his Spring Break, and it went really well, but I don't think he should be in a situation of marital unrest (Stepdad cheated on biomom).

Order has not been registered out of fear it would prompt stepmom to object to the order on the basis of jurisdictiom)

1) What the hell do I do?

Thanks again.

(Btw - rather than argue about it, I drove 3 states from son's home to pick him up, then flew him. It cost us, but seeing him after 5 and a half years was worth it.)

[socrateaser]

>I am the NCP living in Illinois, with an 8-year-old son
>living in Philadelphia with his custodial mother.
>
>My son's mother posted that she is going to be admitted into a
>partial inpatient program because they think she is a danger
>to herself.
>
>We had our first visit with him over his Spring Break, and it
>went really well, but I don't think he should be in a
>situation of marital unrest (Stepdad cheated on biomom).
>
>Order has not been registered out of fear it would prompt
>stepmom to object to the order on the basis of jurisdictiom)
>
>1) What the hell do I do?

If it were me and I knew of the mother's difficulties I would be filing a motion for primary custody and an emergency motion for itemporary mmediate sole custody, on grounds that the custodial parent is not currently able to act as the day to day caretaker.

Who's taking care of the kid while the mom's in the program? Seems like the answer is nobody. If your case is currently still pending in a court, then ask that court for a new temporary order. If not, and the mother is now a citizen of PA, then get into a PA court and petition for an emergency order granting you temporary sole custody. I think you have a slam dunk based on your posted facts.

[Lyrael924]

Thanks, Soc - that was kind of my take on the situation. Here is the thing - I don't see a form for a motion for an emergency order for temporary custody on their website, and here is what the "emergency petition cover sheet" says:

Every Emergency Petition is sent directly to the Judge assigned to the case, by the Court Administrator's Office, after service has been made. THE JUDGE WILL DECIDE WHETHER THIS IS AN EMERGENCY OR WHETHER THE MATTER WILL BE HEARD IN DUE COURSE. If the Judge deems the matter is an emergency, a conference, hearing or argument will be scheduled. To expedite this process, please complete all requested information, including telephone numbers of all parties named in the captions or their attorney's names and phone numbers.

SERVICE: The party initiating the Emergency Petition must (1) serve the other side with a TIME STAMPED copy before the petition will go to the Judge, (2) fax a copy of the Certificate of Service to: Phyllis Suriano, Court Administration, (610) 292-2027, and (3) mail the original Certificate of Service to the Prothonotary.

1) Does that mean that I can't make an ex parte motion in the State of Pennsylvania?

2) If I am misinterpreting this paragraph, and I can in fact file an ex parte motion, do you have any suggestions as to form? I mean as far as caption and title go.

3) Given that the Oregon order has not been registered, do I attach a copy of both it and our original Hawaii order for the paperwork?

4) Would you suggest overnighting the paperwork, knowing it won't arrive there until Monday?

Thanks again, Soc.

[Lyrael924]

I am the NCP living in Illinois, with an 8-year-old son living in Philadelphia with his custodial mother.

My son's mother posted that she is going to be admitted into a partial inpatient program because they think she is a danger to herself.

We had our first visit with him over his Spring Break, and it went really well, but I don't think he should be in a situation of marital unrest (Stepdad cheated on biomom).

Order has not been registered out of fear it would prompt stepmom to object to the order on the basis of jurisdictiom)

1) What the hell do I do?

Thanks again.

(Btw - rather than argue about it, I drove 3 states from son's home to pick him up, then flew him. It cost us, but seeing him after 5 and a half years was worth it.)

[socrateaser]

>I am the NCP living in Illinois, with an 8-year-old son
>living in Philadelphia with his custodial mother.
>
>My son's mother posted that she is going to be admitted into a
>partial inpatient program because they think she is a danger
>to herself.
>
>We had our first visit with him over his Spring Break, and it
>went really well, but I don't think he should be in a
>situation of marital unrest (Stepdad cheated on biomom).
>
>Order has not been registered out of fear it would prompt
>stepmom to object to the order on the basis of jurisdictiom)
>
>1) What the hell do I do?

If it were me and I knew of the mother's difficulties I would be filing a motion for primary custody and an emergency motion for itemporary mmediate sole custody, on grounds that the custodial parent is not currently able to act as the day to day caretaker.

Who's taking care of the kid while the mom's in the program? Seems like the answer is nobody. If your case is currently still pending in a court, then ask that court for a new temporary order. If not, and the mother is now a citizen of PA, then get into a PA court and petition for an emergency order granting you temporary sole custody. I think you have a slam dunk based on your posted facts.

[Lyrael924]

Thanks, Soc - that was kind of my take on the situation. Here is the thing - I don't see a form for a motion for an emergency order for temporary custody on their website, and here is what the "emergency petition cover sheet" says:

Every Emergency Petition is sent directly to the Judge assigned to the case, by the Court Administrator's Office, after service has been made. THE JUDGE WILL DECIDE WHETHER THIS IS AN EMERGENCY OR WHETHER THE MATTER WILL BE HEARD IN DUE COURSE. If the Judge deems the matter is an emergency, a conference, hearing or argument will be scheduled. To expedite this process, please complete all requested information, including telephone numbers of all parties named in the captions or their attorney's names and phone numbers.

SERVICE: The party initiating the Emergency Petition must (1) serve the other side with a TIME STAMPED copy before the petition will go to the Judge, (2) fax a copy of the Certificate of Service to: Phyllis Suriano, Court Administration, (610) 292-2027, and (3) mail the original Certificate of Service to the Prothonotary.

1) Does that mean that I can't make an ex parte motion in the State of Pennsylvania?

2) If I am misinterpreting this paragraph, and I can in fact file an ex parte motion, do you have any suggestions as to form? I mean as far as caption and title go.

3) Given that the Oregon order has not been registered, do I attach a copy of both it and our original Hawaii order for the paperwork?

4) Would you suggest overnighting the paperwork, knowing it won't arrive there until Monday?

Thanks again, Soc.

[socrateaser]

>Thanks, Soc - that was kind of my take on the situation. Here
>is the thing - I don't see a form for a motion for an
>emergency order for temporary custody on their website, and
>here is what the "emergency petition cover sheet" says:
>
>Every Emergency Petition is sent directly to the Judge
>assigned to the case, by the Court Administrator's Office,
>after service has been made. THE JUDGE WILL DECIDE WHETHER
>THIS IS AN EMERGENCY OR WHETHER THE MATTER WILL BE HEARD IN
>DUE COURSE. If the Judge deems the matter is an emergency, a
>conference, hearing or argument will be scheduled. To expedite
>this process, please complete all requested information,
>including telephone numbers of all parties named in the
>captions or their attorney's names and phone numbers.
>
>SERVICE: The party initiating the Emergency Petition must (1)
>serve the other side with a TIME STAMPED copy before the
>petition will go to the Judge, (2) fax a copy of the
>Certificate of Service to: Phyllis Suriano, Court
>Administration, (610) 292-2027, and (3) mail the original
>Certificate of Service to the Prothonotary.
>
>1) Does that mean that I can't make an ex parte motion in the
>State of Pennsylvania?

That's how this doc reads, but I doubt that this is actually true. PA keeps its legal processes extremely well hidden from the general public.

We could both go through a long search to try to figure out how to accomplish this or you could just call a PA attorney and ask a few questions. I think the latter option is warranted.

I found the petition for a custody mod online, but you need both the petition and then a motion for emergency relief. The petition you are looking at now, is probably one intended for use with a property dispute, where the "emergency" is of a different character than exists with a minor child.

>2) If I am misinterpreting this paragraph, and I can in fact
>file an ex parte motion, do you have any suggestions as to
>form? I mean as far as caption and title go.

See above.

>
>3) Given that the Oregon order has not been registered, do I
>attach a copy of both it and our original Hawaii order for the
>paperwork?

Assuming that you are doing this correctly, then definitely yes, you need to attach both orders and refer to them in an affidavit/declaration in support of the relief requested.  

>
>4) Would you suggest overnighting the paperwork, knowing it
>won't arrive there until Monday?

I'd suggest retaining a PA attorney. There's a lot at stake and moving fast is essential to making your case.