My son has full legal and physical custody of both his daughters in philadelphia county. The mother of the children expired from a drug overdose 2 monthes ago. The maternal grandparents have filed for a mediation in their county; they live in the poconos, requesting partial legal and full physical custody of his oldest daughter. They did this because she had resided with them when their daughter was alive. My son was never in agreement with this and had filed papers in court twice with complaints because this arrangement interfered with his visitation. Today he received papers for emergency custody of his daughter for her to return to the poconos until the mediation on June 13th. Can they do this?? First because he has custody through the courts and secondly because they are in a different county? Wouldn't they have to file in phildelphia?
Answer
Yes, if that's where the children live. He needs to file preliminary objections. Accorder to the rules of civil procedure venue is where the children live.
He'll need a lawyer to do this and do so quickly,
John
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