Jurisdiction Descrimination

[inata2]

I am not exactly sure how to start this, there is alot going on with the custody of my children. My children's father in 2007 who lives in Pa. allowed me, with approval from the court, to relocate to Florida, with our 2 youngest children ages 6 and 4 at the time. Our oldest who was 12 wanted to stay with his father. And with his age it was recommended to me by my lawyer to allow and not fight that. (due to his age). In May of this year 2009 my childrens father filed a petition to modify for custody. When he did so he failed to give them my current address, he had given my former address in Pa. instead. And also had given them an old lawyer from 1992 knowing full well who my current lawyer is. Due to the fact that in 2007 it was the same lawyer who went to the moderators with me and was posted on the order. And due to that I was not informed of the hearing, and he won by default. Now mind you I had the day before the hearing not knowing of the hearing brought my children to visit their father for the summer visit. As was agreed upon in the orginal 2007 order. The father came to pick the children up at my mothers, not once mentioning the hearing the following day. I had found out about the hearing the hard way. I had called there fathers home as usual and found that they were at my mothers. I then called my mothers home and spoke to my children. My now 6 yr old then proceeded to tell me " mom i have a secret and i can tell you now because I am not at dads. Dad has custody of us, he took you to court and won. They said that dad gets custody because you are irresponsible, because you didn't show up." I then immediately contacted my lawyer. He had looked into it and found that yes it was true and that i had 20 days from the day of the court hearing to respond. We then immediately responded. The hearing was set up for a rehearing, but not for custody to be returned to me. We had the rehearing and once again I lost. There is no reason given as to why I lost custody just that custody will remain with father. I then appealed that, we then went in front of a judge on nov 6 2009. Now mind you, during the last 2 yrs I have been having problems with the father as far as seeing my 12 yrs old now 14 yr old. My son has not been down to visit me since July 4 of 2008. I was supposed to get him for xmas and this past summer. For some reason on the 2007 court order with our eldest son the visits were to be as agreed upon but set visitations with the younger children for the father. We had agreed prior to the hearing that we would do alternating holidays with the 14 yrs old coming 2 months in the summer so that he could spend 1 month with his 2 younger brothers. Well I have been having nothing but issues since the moderators order. I was given 1 weekend a month plus the normal holidays. The father refused to allow me to leave the state during my weekends with the children. Just so you know I work for an airline with free flight benefits. I have lost alot of work because of this, which I don't really mind as long as i could see my children, but that is not what the order stated. Now back to Court hearing, I have on Nov 6th once again lost the battle for custody of my children to the father. With no reason whatsoever on the order. Just that father will have physical custody of the children during school yr mother with summer visits and holidays. Now for some reason even though the order that their father had originally given had my eldests son's name on it, this order and the hearing only pertained to the younger 2 children. In the original that the father submitted he had put that I was neglecting the children, that was his reason for modifying. I did not nor ever will neglect my children, and that was definately not proven in court. I am starting to believe that the order was given due to biasness of where I live. Because I do not live in Pa. But yet they had no problem ok'ing my departure with the children in 2007 as long as the father approved. I really need help, what is my next step? I truly believe I am being descriminated on because of where I live! Not getting a reason from either the moderator or the judge, there is something wrong with that. PLEASE HELP!!! Oh and also there is just a bit more already, the order states "transportation shall be shared as the parties may agree" I have as stated earlier free flights for myself and my family, I am to get them for thanksgiving, The father is refusing to even bring the children to the airport. Stating via email its not his responsibility to provide any tranportation for my visitation. Now when i had custody, I did provide the tranportation, even made it easier by bringing the children to my parents home which is 20 min away from his home. So that he didnt have to drive the 1 1/2 hours to the airport. My parents are not home on Thanksgiving they are going away. And I shouldnt have to rely on them either. I did everything I could to make sure he was able to see his children, that IS my responsibility as a parent with custody to make sure they are able to have a continuing relationship with the other parent. He does not want to be inconvenienced in any way but yet gets custody. I don't get this, and it was stated in the court room. That I was very accomodating and he also agreed to that. Why did I lose my children and what can I do????

 

[Duranie]

Unless you filed an appeal I do not know how you can get your children back. Your attorney should have been able to prove you were not correctly served. Did you give Dad your address when you moved? Something with your story does not make sense. If Dad and the courts gave you the ok to move, then I am not sure why you do not have custody. PA still retains jurisdiction though.