Posts Tagged ‘Reading PA custody lawyer’

ENM Law News: Recent Berks County custody cases

Monday, June 25th, 2018

Berks County custody cases often all follow a similar path. But sometimes a client comes to our office with an unusual set a circumstances and we have to think outside the box and act quickly. Here are details of two such Berks County custody cases that Attorney McAllister handled recently.

A father came into our office with concerns that his child’s mother was going to move to a different part of the country with the child. There was not a custody order in place. Attorney McAllister acted fast to prepare the case and was able to serve the mother with paperwork within 2 days of meeting the client. This quick turnaround is important because at the point that she was served, the mother was put on notice that there was a pending custody action. At the emergency custody hearing, Attorney McAllister asked the judge to issue a Writ of Nea Exeat which would prevent the mother from leaving Berks County. The judge agreed with Attorney McAllister’s argument and ordered the mother to keep the child in Berks County pending the custody case. Attorney McAllister was also able to secure partial physical custody rights for his client while the case proceeds through the normal custody process.

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The story of the next client began years before she came into our office. When the client’s child was very young, she moved out of Pennsylvania. Prior to her move, the father of the child filed a custody action in Berks County and the judge ordered that our client not leave Pennsylvania with the child. BUT, our client was never served with any of the paperwork relating to the custody case or the judge’s order. Years later, criminal charges were filed against our client for removing the child from Pennsylvania in violation of the court order and she was extradited back. The child was given to the father. Our client went 1 ½ months without seeing her child. After that, she came to our office and Attorney McAllister took her case. He filed for an emergency hearing and asked the judge to return the child to the mother. Attorney McAllister argued that the client was never given notice of the court order entered years ago and that it was in the best interest of the child to go back to the mother because the child had not had a relationship with the father. The judge agreed and granted our client primary physical custody of the child pending an outcome in the custody case. The child was returned to our client immediately after court.

A skilled attorney is always helpful in a Berks County custody case, but that is especially true when there are unusual circumstances. If you are facing the possibility of custody litigation, contact our experienced Reading, PA family law attorneys at 610-372-5128 or info@enmlaw.com.

ENM Law News: Custody case dismissed in favor of ENM Law client

Monday, August 28th, 2017

A client came to see Attorney McAllister about a custody case filed by the father of her child in Berks County in December of 2016. Attorney McAllister quickly filed objections to the case on our client’s assertion that the child had been living with her in New Jersey for more than 6 months prior to the filing of the custody action.

Why does that timeframe matter? The Uniform Child Custody Jurisdiction and Enforcement Act, which governs child custody in almost all states is the U.S., determines where a custody action can be filed – this is called venue. A custody action can generally be filed in the child’s home county or the county where the child had previously been living if the child was still living there within 6 months of the commencement of proceedings and if a parent continues to live in that former county.

Once Attorney McAllister filed an objection to the custody case on the basis that the Berks County venue was not appropriate, the judge scheduled a hearing to take testimony from witnesses about when the child moved to New Jersey. After hearing the evidence, the judge determined that the child had in fact been living in New Jersey for more than 6 months prior to the commencement of the custody action and dismissed the case. Attorney McAllister’s experience and knowledge of custody law saved our client from having to travel to Berks County from New Jersey to defend against the custody case.

If a Berks County custody case has been filed against you, you need our knowledgeable Reading, PA custody attorneys to evaluate your case. Call us at 610-372-5128 or email at info@enmlaw.com.

ENM Law News: Berks County custody case wins for fathers

Friday, September 30th, 2016

Are you a father in Berks County who is wondering “How can I increase my custody time with my children”? We have experience helping fathers with that exact issue. Here are some recent Reading, PA custody cases that we’ve handled.

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A father of 3 came to Attorney Ebner to help him get custody of his children back. The mother of the children had left the children behind when she went to live with a new boyfriend. When she was settled in her new home, she took the children and refused to return them to our client. The mother then filed for custody alleging that our client had abused the children. Attorney Ebner filed an emergency custody petition in Berks County and asked that the court order the mother to return the children. Attorney Ebner was successful and the client was awarded primary physical custody with the mother having custody every other weekend.

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Attorney Ebner was able to quickly assist a father of 2 who came to her for help with the custody case involving his children. The mother of the children moved to a new school district while the parties were attempting to reach a shared custody agreement. The mother, without permission from our client, then enrolled the school-age child in the new school district. This type of behavior is not looked upon favorably by the Berks County custody judges. Attorney Ebner quickly brought the matter to the attention of the custody judge and the judge ordered that the child be returned to the client’s school district immediately.

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A father of 2 came to Attorney Ebner for help when the mother of his children who had primary physical custody was refusing to allow him to see the children during his court-ordered periods of visitation and was refusing to allow him to take the children on a summer vacation. Attorney Ebner petitioned the Berks County custody court and requested that our client be given make-up time for the visitation missed as a result of the mother’s actions and for permission to take the children on a reasonable vacation. Both requests for granted. Attorney Ebner has since filed for contempt against the mother for failure to follow the custody schedule and the client has asked that he be given primary physical custody of the children. These matters are still pending.

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If you need help with your custody case, call our experienced Berks County custody attorneys today at 610-372-5128 or email us at info@enmlaw.com. We look forward to evaluating your custody case to see how we can assist you.