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  1. #1
    Join Date
    May 2010
    Posts
    20

    Default Sibling Custody

    My question involves a child custody case from the State of: PA,

    Mother dies . Father has full rights to his children PA LAW ,
    Mother and Father were divorced , Father maintained contact and visitations with his children , paid child support etc,There was NEVER a court order for custody , children stayed with Mom with verbal agreement between Father and Mother , Father was a flier Military at the time , NOW land based.
    Mother died after a very short sudden illness less than 3 months ,, Aunt and and the sister of the two youngest children tried for custody , Aunt got kicked out , Judge gave sister "standing" on the grounds of "psychological bonding" BUT stated they should conciliate OUT of court , Dad tried , drove 12 hours each way so the two youngest could visit family members INCLUDING the Sister , we parted with hugs all round ,, then within the twenty days HER attorney sent an arguement straight to the court that Sister is trying for custody BUT never sent the arguement to the father we got it a week AFTER we got a court order for a conciliation , is this OUT of PROTOCOL, ? AND why is a sibling being allowed standing when the biological parent is here to take care of his two youngest, he has NO bad past BUT the sister does, psychiatric care at 17 for beating up her MOTHER , But only a judge can pull this up as she was a juvenile then , do we have to stoop so low as to bring up her past that will marr her for the rest of her career , WHEN she ever gets one ? she is 21 , never married , never worked and shares an apartment with another girl , all admitted in the previous hearing she has NOTHING to offer , Dad is disgusted with his daughter BUT at the same time cares for her future even though she is putting him through hell right now , there was a LOT of parent alientaion , but both younger children adore their dad despite what sister tries to say , we have plenty photos of all his visititaions over the years of separation , sister is trying to say there was NO contact for the last FIVE years , , do we try for another dismissal if so what grounds,, unfair protocol . or do we have to drag up the past ?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,954

    Default Re: Sibling Custody

    If documents are served on the court, they should be served on all parties. The proof of service should reflect the date and manner of service. You've given us no information as to whether the documents at issue were served in a timely manner and simply received late, or if they were mailed late; you've also given us no information about the effect of the late receipt on the case.

    Presumably the judge told you why the sibling was given standing when he made his ruling. I suggest that you review the judge's ruling rather than asking us to make wild guesses. If dad has been totally absent from the children's lives for five years, its reasonable to infer that his absence is playing a significant role in the judge's ruling.

    If dad isn't working with a lawyer, it sounds like it's well past time for him to start.

  3. #3
    Join Date
    May 2010
    Posts
    20

    Default Re: Sibling Custody

    like I stated on a previous reply
    the opposite attorneys arguement is DATED 6 days AFTER THE COURT Order for the conciliation.. we have the certified letter from the attorney dated , 6 days after the filling..
    Opposite attorney is playing games

    The prothonatory agreed , That attorney is OUT OF ORDER, When we called about this conciliation and WHY we got it ..

    And NO sorry we do not have the funds yet again for another attorney that screwed us over, Im sorry but not all of you are honest, unfortunatly we hit the jackpot in this small county.

    Dad wants keep what money we have for his boys they are dealing with being torn apart by their sister losing their Mom and trying to be loyal to Dad at the same time . He is dealing with their grief and his own, he might have been divorced but he never stopped caring for the woman he had his children with , just couldnt live with her ,she was a manic depressive , and yes we have her health care bills from years before to prove her psychiatric care

    Its just a fight with his daughter lieing through her teeth ,, for gods sake ,,she is using a P.O. Box number/address , this is not acceptable in a court case, even for a visitation , 3 different address's since she started all this nearly 9 months ago ,so WHY is the judge allowing her to continue ?
    SHE admitted in court Dad had visited them and taken the boys on vacations etc. SHE admitted she has NOTHING ,
    all she can come back with ,, is ,,her brothers want to live with her and she misses them !!!!!!!!!!
    At 21 she has her own life to lead not take care of the younger brother for the next 7 years ???????????

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,246

    Default Re: Sibling Custody

    Why are you getting an attitude with the volunteers here?

    Mr KnowItAll's response was excellent.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    May 2010
    Posts
    20

    Default Re: Sibling Custody

    sorry no attitude with anyone on here i got a private sent message of someone i had not heard off and it wasnt nice,,
    I have nothing against my knowitall and appreciated any information sent, it was not any of you guys really ,,but frustration with someone large in life

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