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Regaining Custody

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MelPurvis

Member
What is the name of your state? Mark lives in Pa. but daughter resides in Va.

Mark gave custody of his daughter to his sister in law after his wife had a car accident and has been in a comma (three years now). This was to be until he got living and working arangements sorted out. He was not comfortable leaving an 11 year old alone to get off to school and come home. After he took her to Va. (sister in law) later they asked him to give them custody so they could enroll her in school and handle medical expenses. He also pays them support through the state. When things got straighten out they refused to let her come home. They are blocking communication with him and telling her he doesn't care and isn't trying to get in touch. Three weeks ago he got in touch with the sister in law and said he was coming to visit her in two weeks, response was this is not enough of a notice. He went anyway and was able to see her for 20 minutes before the woman came home. She ended the visit and would not let her go to dinner with him. He tried to go to local lawyers but with no notice he was unable to talk to lawyer and had to come back to work. This is an attempt to help him to get a realistic view of the situation.

1. She is now 14. She wants to come home and is very unhappy (misses dad). Will her voice be heard or carry any weight?

2. Would dad be able to recoupe any of these legal fees for the actions of this woman (she knew it was temporary but feels she is a better parent)?

3. Can action be taken in Pa. instead of Va. ?

4. Would they take school into consideration. (changing custody during the school year)

He feels this will be a 1, 2, 3 event. I am not as optimistic and think it will envolve multiple trips (missing work) and thousands of dollars. Any thoughts or experiences would be of great help. Thanks in advance.
 


I AM ALWAYS LIABLE

Senior Member
My response:

There's more to the background to this then you're saying. Courts don't give "permanent" custody in situations like this. If a transfer of custody to the sister-in-law was required as you say, then there would have been a "Sunset Clause" in the court's orders.

So, please - - don't try to bullcrap me or anyone else.

IAAL
 

MelPurvis

Member
Not trying to BS

This is the situation as he told me. I'll ask him if the orders were for full or temporary custody. Could you explain what a Sunset clause is so I can ask him when I talk to him tonight. He isn't up on legal matters. This woman seems to be real controlling and I would never attempt to waste your time. I have respect for the advise and time that you guy/gals give.
 

I AM ALWAYS LIABLE

Senior Member
Re: Not trying to BS

MelPurvis said:
This is the situation as he told me. I'll ask him if the orders were for full or temporary custody. Could you explain what a Sunset clause is so I can ask him when I talk to him tonight. He isn't up on legal matters. This woman seems to be real controlling and I would never attempt to waste your time. I have respect for the advise and time that you guy/gals give.



My response:

A "Sunset Clause" is simply a trigger for termination of the custody; e.g., termination of custody upon the completion of a certain event, or termination of custody on a certain date.

If the the facts are as simplistic as you state, then there would have been an event, or a date, when the custody would terminate.

IAAL
 

MelPurvis

Member
Thanks

Thanks,
I tried a search on sunset clause ....but only this thread came up. I'm talking to him tonight and that give us a start.
 

MelPurvis

Member
Well I spoke with him today and he gave full custody, when he did it they said it was an insurance issue. There was no termination clause. He thought they were looking out for him and would return her when he was ready. He brought back yellow pages and has been in touch with lawyers there. $2,500 for a retainer (ouch). They answered the questions I asked before. I still think that $2,500 is just the start.
 

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