Q: How do I ask the court to void (for lack of better term) a non valid custody order?
2012 in PA dad filed for custody. "Settled" outside of court. Order states (in dads writing) mother will have PPC . between age 3-5 father has right to assume PPC. Once child reaches school age, parents will come to new agreement as to whom has PPC. Child lived w/ mom and both moved into home with dad at age 4 . Dad never officially took over PPC. No new agreement made. Dad kept children is now trying to seek PPC of both our children & use 2012 order in new case in order to enforce his "right" and his reason for keeping our child. In other words saying he had a right to keep our son from me b/c he had PPC. Born out of wedlock no legitimation. Order from PA but Dad & kids are in GA.
A: If there is an order from PA, even if it was settled, the settlement should have been made a part of the final order. When you say settled out of court, was the case dismissed? Because if the case was dismissed and there was never an actual order signed by the court, then there is no order that binds the parties actions. But if it was settled outside of trial and that agreement was later signed by a court and made an order, it is binding. I have to give advice on both ends because your "out of court" comment doesn't let me know if there was a final order or not. But if there was a PA order, the parent doesn't have to go to GA and get an order, they already have one. They can enforce the PA order and the PA order remains in effect until a new order modifies it. If dad obtained custody in some form in PA he doesn't have to come to GA and legitimize. He already went to court for custody in another state and the state of GA recognizes other orders from other states. If all parties have moved from the state of PA then PA lost jurisdiction on a modification. But if he's simply trying to enforce the PA order, he can file to do so. You said dad and kids live in GA but didn't say where the mother lives. I would suggest whoever asked this question obtains a consultation with an attorney to speak directly. Because there are too many things that need additional clarification here.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
