Legal Question in Family Law in Pennsylvania

custody and venue problems

my husbands ex moved from one county to another over 8 months ago. She never changed venue of their case. The lawyer he payed to do it 5 months ago, is under investigation for never doing it. He took our money and ran. She is refusing visits and contact for almost 3 months now, and thinks because the last court ordered agreement is now out of that courts jurisdiction, she has the right to stop their relationship all together. She has a history of refusing visits and has gotten in trouble with the law several times. She is on her second DUI, and she knows that he is aware of this also. Does she have a right to refuse the court order even if it's not in that county's jurisdiction anymore? Does she have the right to refuse any visitation time for any reason even if we are having problems with jurisdiction right now? What can we do through the courts legally to gain emergency custody or press any contempt without a lawyer since we are low on money? We need all possible options.


Asked on 7/03/07, 9:35 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: custody and venue problems

After 6 months the county where the ex moved can take jurisdiction. Depending on how far away the new county is from where they lived your husband could have challenged the move in the county that had jurisdiction.

Unless mom files for a custody modification in the new county your husband maybe able to file in his county as they may have continuing jurisdiction. I can't say without more information.

As for doing this on your own, if the other side has a lawyer I wouldn't even attempt it.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 7/04/07, 10:03 am


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