Emergency help in PA

[luvmy5kids]

What is the name of your state (only U.S. law)? Pennsylvania

Two months ago I gave birth to a baby boy. Prior to the birth, the daddy decided it wasn't his, got a new girlfriend and left me. When I went into labor he showed up and I allowed him to be a part of the birth as the child is his also and I had high hopes of reconciling. After two or three weeks he almost stopped seeing our baby but I did take the baby to see his father's parents and family. At this time I have filed for child support but there is no custody agreement but he is listed as the father on the Birth Certificate.

Yesterday he asked if he could have our son for a few hours, I agreed since all children need both parents and it is not my desire to alienate daddy just because we can't make it work. When I dropped him off I asked what time I should pick him up and the new girlfriend said maybe Tuesday! I said no, I'll be back later. Soon after I started getting text messages how no good I was, that our baby is fat because I over feed him (he's not fat), that I'm an unfit parent and I'm not getting our son back. So I went to the house to get him and they won't let me have him. I took the police but they won't make him give him to me.

Can someone please advise me as to what I need to do to get my baby back? I know I need to file for temporary emergency custody. It's going to be a long night, I've never spent time away from my baby since he was born except for when I go to work, at which time my parents care for him as his daddy wouldn't. Thank you for your help.

 

[futuredust]

What is the name of your state (only U.S. law)? Pennsylvania

Two months ago I gave birth to a baby boy. Prior to the birth, the daddy decided it wasn't his, got a new girlfriend and left me. When I went into labor he showed up and I allowed him to be a part of the birth as the child is his also and I had high hopes of reconciling. After two or three weeks he almost stopped seeing our baby but I did take the baby to see his father's parents and family. At this time I have filed for child support but there is no custody agreement but he is listed as the father on the Birth Certificate.

Yesterday he asked if he could have our son for a few hours, I agreed since all children need both parents and it is not my desire to alienate daddy just because we can't make it work. When I dropped him off I asked what time I should pick him up and the new girlfriend said maybe Tuesday! I said no, I'll be back later. Soon after I started getting text messages how no good I was, that our baby is fat because I over feed him (he's not fat), that I'm an unfit parent and I'm not getting our son back. So I went to the house to get him and they won't let me have him. I took the police but they won't make him give him to me.

Can someone please advise me as to what I need to do to get my baby back? I know I need to file for temporary emergency custody but I have no idea what I will need or what division of court I got to to do so. It's going to be a long night, I've never spent time away from my baby since he was born except for when I go to work, at which time my parents care for him as his daddy wouldn't. Thank you for your help.

Your (or whomever this id belongs to) posting history goes back several years (2004). Maybe you should clarify who you are, because it appears you are using the id of another.

 

[Proserpina]

Your (or whomever this id belongs to) posting history goes back several years (2004). Maybe you should clarify who you are, because it appears you are using the id of another.

...and that posting history is quite the read.

 

[InfantCustody]

You will need to file an emergency motion for custody in the family or domestic courts tomorrow morning. They may or may not grant the motion...but they should issue temporary orders shortly and it will NOT look good for Dad that he is keeping the baby away from the other parent...especailly the primary care-giver. Once orders are issued, physical custody will likely be returned to you immediately and he will be granted visitation rights.

In PA, since he is listed on the birth certificate, he has an equal right to physical custody of the baby and that is the reason the police will not require him to return the baby to you. Your best option is to get a court order ASAP.

 

[stealth2]

Well in another of "your" threads, you stated:

Anyway, the father has just as much right to the child as the mother.

What's changed?

 

[luvmy5kids]

...and that posting history is quite the read.

My deepest apologies, it is my mother's account. So to not have numerous accounts with this site associated with our IP address she allowed me to use hers to post my question.

"Quite the read".....glad you can be amused.

 

[futuredust]

My deepest apologies, it is my mother's account. So to not have numerous accounts with this site associated with our IP address she allowed me to use hers to post my question.

"Quite the read".....glad you can be amused.

I don't think "amused" is the word I would use.

Regardless, please create your own id when posting questions so that the histories are not mixed in together.

Thanks!

 

[Artemis_ofthe_Hunt]

My deepest apologies, it is my mother's account. So to not have numerous accounts with this site associated with our IP address she allowed me to use hers to post my question.

"Quite the read".....glad you can be amused.

https://forum.freeadvice.com/child-...ewbies-please-read-before-posting-387214.html



Newbies Please Read Before Posting
--------------------------------------------------------------------------------

What is the name of your state? Any and all

1) The first and most important item is to answer the question -- WHAT IS THE NAME OF YOUR STATE? Laws differ by state. We need that information to help you.

2) Don't lie. Don't mislead. Don't pretend you are someone else in situation. Be straight about it. Don't post from the other perspective. Don't pretend you are mom or dad when you are a stepparent. Don't pretend you are dad when you are mom. Don't pretend you are the obligor when you are the obligee. Don't do it. Being honest will get you straightforward advice.

3) Avoid using the word "we" when referring to you and someone else and one is not the parent (as in the actual mom or dad). While you have an interest in the legal proceedings of your spouse or relative, please remember that stepparents, grandparents, aunts, uncles, cousins and other family relations are legal strangers in terms of court proceedings. Mom, dad, or legal guardian are the only parties with legal rights to the child. If you are just the bedwarmer, girlfriend/boyfriend, significant other, sex toy, yep you are legal stranger.

4) Do NOT use the word BIO or even shorten it to BM or BF unless this is an adoption situation. Do not insult the ex with the child. Doesn't matter who they are. They are the parent of your (or your love's) child. It ranks up there with referring to them as BM or BF. Except this also applies to adoption threads.

5) PUT WHITE SPACE IN YOUR POSTS. Yes I know I re-edited this to add white space because entering at the end of every paragraph didn't do it. And I needed reminded by LD. But I thought it would have white space due to the entering. So reread your posts AFTER it posts to make sure it makes sense and you do have white space.

6) DO NOT SHARE USERNAMES. I don't care if you are married, living together, soulmates, the parent, whoever. ONLY ONE PERSON PER USERNAME. Then refer to all other rules. Okay?

7) Before diving in to post something, read the rules. Read the TOS.

8) DO NOT decide that getting snarky with senior members or more senior than you members is the way to go. IF you are here any length of time you will earn our respect (hopefully) and you will find that we senior members know our stuff. We disagree at times but we don't get rude, arrogant and name calling. If you however as a new member decide to get rude with us, all bets are off.

9) DO NOT DOUBLEPOST.

10) DO NOT HIJACK. If you have a question dealing with your own situation, start ONE thread (note rule number 13 please) about it and ask your questions there. Don't explain your situation on someone else's thread. It is rude, distracting and may result in the OP (original poster) not getting the information they need.

11) Do not delete your thread when you are done. We post because we hope that others might learn from these threads. Others read these threads other than you.

12) DO NOT POST IN ALL CAPS. See like what i just wrote. It is considered shouting and it is also rude.

13) ) Do answer the questions that are asked in order to clarify your situation, such as "Who are you in this scenario?" or "When did that happen?" or "What does the court order say?" or "Can you afford to pay the mortgage?" or "Did you report it the police?" We are not prying into your personal business. When you ask a question without providing context you are unlikely to get an answer that will really be helpful to you.

14) RE: Locking posts: If you want an answer, do not lock your post. If your post is locked then either YOU or the moderator locked it. No one else can do so. Either way no one can answer. If you did not lock it then the moderator locked it and it was locked because the thread was getting out of hand and/or you had already received your legal answer.
__________________


For your benefit.

 

[InfantCustody]

And you were offered advice. FILE A MOTION TOMORROW. What else do you want someone to say to you? No one can tell you a magic way to get the baby back tonight. It sucks...but if you and Dad don't learn to co-parent it will be a long 18 years of situations just like this.

Following rules is not being petty. It is asking you to follow rules.

 

[futuredust]

Well at least now I can add the word delusional to the list.

I addressed you respectfully, and asked you to create a new account of your own. If the concept of following TOS escapes you, not my problem.

 

[futuredust]

And you were offered advice. FILE A MOTION TOMORROW. What else do you want someone to say to you? No one can tell you a magic way to get the baby back tonight. It sucks...but if you and Dad don't learn to co-parent it will be a long 18 years of situations just like this.

Following rules is not being petty. It is asking you to follow rules. If you are going to be a lawyer, I suggest you learn to follow rules. I don't think a judge would like being told he or she is "petty?" It's a guess...but I would bet on it.

Or maybe she can find an attorney sitting in their law office on a late Sunday night, following a major holiday. Because, you know, that is where they all are..

 

[futuredust]

I don't see why she doesn't just call up one of her law professors... they can give her advice AND directions to the courthouse.

Sounds simple enough. So I wonder why she hasn't thought of that. I know attorneys usually need to be quick witted and able to think on their feet..

Oh wait, I know why, delusional.. that's a word I would use.

 

[neopandora]

Or maybe she can find an attorney sitting in their law office on a late Sunday night, following a major holiday. Because, you know, that is where they all are..

And in my area, the Courthouse and most law offices aren't open Monday either.

 

[stealth2]

Well, if the weather there is anything like it is here, the courts won't be open today anyway.

OP... It's not petty to ask that you make things easier on those volunteering their time to help you. It IS petty to get into a snit when asked to do something as simple as create your own account.

 

[Ohiogal]

You will need to file an emergency motion for custody in the family or domestic courts tomorrow morning. They may or may not grant the motion...but they should issue temporary orders shortly and it will NOT look good for Dad that he is keeping the baby away from the other parent...especailly the primary care-giver. Once orders are issued, physical custody will likely be returned to you immediately and he will be granted visitation rights.

In PA, since he is listed on the birth certificate, he has an equal right to physical custody of the baby and that is the reason the police will not require him to return the baby to you. Your best option is to get a court order ASAP.

This is NOT an emergency situation.