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.
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 [email protected]