Father Will Not Return Child to Custodial Parent
My question involves a child custody case from the State of: PA
Ok, kind of long complicated story, but here goes..
7 years ago, my sister and her baby were placed in my care until my sister and the baby's father completed a "plan" through Children and Youth. The baby's father has never completed his "plan" and therefore it was stated that he would not have any rights until he did in fact complete his "plan." My sister was granted full custody via Children and Youth and the courts. My sister moved out (of my house) and moved on and we will fast forward to the current issue..
The child is now 7 years old and the father had the child for an overnight visit and will not return the child. He told the child's school that the mother is "a junkie and homeless" and they allowed him to change her info over to his. NOONE will get involved, legal aide will not help. The cops will not get involved because they say the custody order is not sufficient and it is just not in their line of business. The school contends that the custody order is not enough for them to do anything. We have contacted the judge who signed the custody order and was told that it is valid and nothing more should be needed, but he offered no further assistance. Legal Aid told my sister to file a Contempt Of Court petition. She cannot afford a lawyer on her income - she is receiving SSI only. I am not understanding why noone can help physically get her daughter back. I thought that's what custody orders are for. Can someone, anyone please point us in the right direction or offer some assistance? The father is using the child as a pawn at this point. He has never provided for the child and has no true interest in the child other than to cause pain to my sister.
Re: Father Will Not Return Child to Custodial Parent in Pa
Does your sister have SOLE custody? Or just primary physical custody?
It's an important difference.
Re: Father Will Not Return Child to Custodial Parent in Pa
It is sole custody because the father did not cooperate with Children and Youth. He was actually not supposed to be around the child at all until he completed the "plan" but my sister has allowed him visits now and then because their daughter would ask and beg to see him, so she felt bad. He was actually in jail when the baby was born and was not released until the baby was about a year old. My sister had already completed her plan by then and he had signed off on some papers while in jail. I *kinda* think he relinquished rights, but I would have to verify before I state that for sure. C&Y had sent him papers regarding custody and the proposed "plan" for him and he basically "opted out" so to speak.
ETA: The order says "Legal and Physical custody is released to mother and case is dismissed." It does not state "Sole" anything. It is signed by the judge and has the seal, but the cops are telling her that since the seal isn't raised, it is not the original and they have to see the original or it isn't valid. (I thought the court would keep the original???) My sister contacted C&Y to ask for the original and was told she can't have the original.
Re: Father Will Not Return Child to Custodial Parent in Pa
OK this is why your sister needs to be here - there's a HUGE difference again, between your sister having sole custody, and Dad actually having his rights terminated.
Your sister needs an attorney. Now. Tomorrow morning.
Re: Father Will Not Return Child to Custodial Parent in Pa
She cannot afford one and Legal Aid will not help. I can't help her with it either. My husband and I are both laid off right now.
Re: Father Will Not Return Child to Custodial Parent in Pa
Has anyone asked if the cops will accept a certified copy??? They shouldn't necessarily need to see the original, just one that they can deem to be true and accurate. A certified copy can usually be obtained relatively inexpensively from the court clerk. Once the cops accept that, the y should be able to act, and mom may be able to file a kidnapping charge. If dad has no custody rights whatsoever, then I would think that this is not a civil matter but criminal.
Re: Father Will Not Return Child to Custodial Parent in Pa
The said they would need the original and told us that even then they can't get involved because it is a civil matter. It is like we are just getting the runaround.
They also said that no kidnapping charges can be filed since she allowed her daughter to go with him. Well, first they said she could file the charges, but then turn around and said no because she allowed the daughter to go with him - he would have had to come take her without my sister's permission.
It just seems so bizarre that since he has no rights, there is no way to just go get her back. My sister went to his house to get her and the father called the cops. The cops told my sister that she can't go to his house because then it is tresspassing and harrassment and told her to leave. We have no idea what else to do. You have to keep in mind also that the town she lives in has a very corrupt police dept and they are currently under investigation on many different things.
The father of my niece is a criminal - a well known one in his town and he has the cops "in his pocket." My sister contacted an office in Washington DC ( I forget what the name of the office is) and they added this issue to their list of investigations on this police dept. Although that doesn't help our situation at this point.
We have contacted everyone and every agency we could think of for help. Noone will touch it. All they say is that according to the custody order, the father has no rights but never give us any info as to how to physically get her back.
Even if she could afford the lawyer and file a contempt petition, what happens then? How do they then return the child? It seems that whatever means they use at that time, they should be able to use now and just avoid wasting court time. I just don't understand...
Re: Father Will Not Return Child to Custodial Parent in Pa
The child is 7, right? Does she go to school or daycare? Has your sister tried to regain custody by picking her up from school or daycare? If not, that is the route that I would go. Have the custody papers on hand, that way if the ex tries to call the cops, he'll be in a position where he has to justify why the child should go with him.