Legal Question in Family Law in Pennsylvania

Is there an amount of time you have to wait to file for custody hearing again?

My wife's ex husband recently filed to get custody of their two children. Her husband had been awarded temporary custody of ONE of the children through the process. When all was said and done, joint legal custody was ordered with my wife having primary physical custody. They told the children that they were going to file for an appeal, but failed to do so.

When we got her son back, he told us that his father and step mother told him that he would only be here 5 months and they would file for custody again. The whole process went through PA courts because that is where the initial divorce decree was filed, but she and I live in Ohio.

The question is, can they file for a new custody hearing that often. It is an extremely difficult process emotionally for the children and all parties involved in addition to financially having to miss so much time from work and travel to PA for each hearing. I would think that the court would protect the family and not allow new custody hearing to disrupt normal life that often.

Also, can we file for a jurisdiction change to Ohio since the children's primary residence is in Ohio? We have been told that the support order has to go through Ohio so why wouldn't the custody jurisdiction?


Asked on 6/04/06, 6:05 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Is there an amount of time you have to wait to file for custody hearing again?

You need to seek an attorney in Ohio to assist you with this matter immediately.

Courts generally look to establish venue in the jurisdiction where the children are located. Often a period of 6 months is used to establish such a change, but that "rule" is subject to discretion in Pennsylvania. I cannot speak to Ohio.

If you appear, fail to appear, or have an attorney appear for you in Pennsylvania you may waive your right to change venue.

Please contact a local attorney specializing in Family law immediately.

Regards,

Roger Traversa

[email protected]

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Answered on 6/04/06, 7:40 pm


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