HomeMy WebLinkAbout97-06419
pctllllln hccuusc lhc FUlhcl' I'clllllwd Ihc child 1'1'0111 Pcnnsylvuniu tll Kcnlucky wllhout hcl' nOlice.
FUlhcl' Illude somc thl'ellls lhlll hc wus going 10 keep lhe child IIwuy. This ('OUI'l clltcred un Ordcr
rcquiring Ihe FUlhcr to relUI'l1 lhc child III tvlllthcr which he cOl11pllcd wllh.
Dcspite Ihls ulicgcd "snu!chlng," MOlhcr WIIS willing 10 wllrk 11lwurJs IIn ul'l'lIngclllcnt hy
which Futhcr could luke lhc child lIutllf lown, Ilowcwr. she W\IIllcJ to huve sOllle visitutions
hcrc In Pcnnsylvunlu I1rst und thcu gCI somc Ideu ofwhul his living urrungement wus in
Kcntucky hdi.lre shc wlluld permlllhultllllccur. Futhcr Jld nol wunta phase-in scheJule
ullhllugh thc plll'cnts ure working lownrds thut cnd.
6. The DcJ'cnJanl's positllln on eusllldy is us Iilllows: Fathcl' wunts 10 huw some regular
vlsltullon with the child oUI of town, lie hus relocUlcd und living In Kentucky. lie Joes not
believe Ihnt he should huw to phnsc-in 10 uny type of visitution bUI suggests thut he should he
givcn pcriods oflillle with the child oul oflown sincc he lives such u dislunee uwny,
7. Need Ii.lr scpul'llte eounscltll represcnt ehlld(rcn): Neither party requested,
8. Need 1(11' Independent psyehologicnl evalualion or counscling: None rcqucstcd und the
Concillutor docs nOI helicve uny is ncccssary.
9. ^ hearing in Ihis mallcr will luke one day.
10. Olher mallcrs or comments: The Futher inlhis case took lhc child in November.
1997. to Kcntueky and len anotc ndvising Mother that he was laking the child awny from her.
She had no advance notlcc [lnd the Futher allegcdly made sOl11e Ihrcats that he was going to keep
the child. The MlIlher was able III g<:l Ull emcrgency order to intervene and the child wus
rcturncd 10 Pennsylvania.
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Camp Hill, cumberland County, PennuylV;ll11a, where they have
lived since June 30, 1997.
6. On November 17, 199'7, without notice and while
petitioner wafJ at work, Respondent removed said child Erom
his home and transported him to Corbin, Kentucky, where
Respondent's parents reside.
7. When Petitioner returned home hom work on Novem-
ber 17, she discovered a note leEt by Respondent, which
indicates tha~ Respondent and Hunter are on their way to
Kentucky, and that petitioner would be restricted to having
supervised contact with Hunter. (See copy oE note marked
Exhibit "B", attached hereto and made part hereoE) .
8. Petitioner also discovered that Respondent had
removed all oE the child's belongings, including his crib,
dresser, clothing and toys, as well as Respondent's own
personal belongings. Same were transported to Kentucky by
Respondent in a U-Haul vehicle rented by Respondent.
9. At approxima~ely 2,30 a.m. on November 18, 1997,
Petitioner received a telephone call Erom Respondent, where-
in he confirmed that he had indeed taken Hunter to
Respondent's parents' residence at 7'7 Incline Road, Corbin,
Kentucky. In that telephone conversation Respondent stated
that he has no intention of ever returning to Pennsylvania
with Hunter, and should petitioner attempt to remove him,
she would "see what happens".
J.O. . Respondent has a history oE disciplining the child
in a physical manner, having slapped him on the face and
having struck him on other parts of his body as well.
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IN THS COURT O~ COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVAN A
CIVIL ACTION - LAW
CUS'l'ODY
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ALITHA J. WATSON,
Plalntlff/Petltioner
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NATHAN B. WATSON,
, Defendant/Petitioner
ETITION ~OR EMERGENCY RELIE~
GRANTING TEMPORARY CpSTODY
LA IV 01'1'1('1\
JAMES. SMITH & DURKIN
p, O. BOX 6~O
HmSHEY: PENNSYl.V~N',\ 170.l.1"O"~O
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ALlTHA J. WATSON,
PLAINTIFF
V.
NATHAN B. WATSON,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97.6419 CIVIL TERM
ORDER OF COUflT
AND NOW, this 6th day of May, 1996, following a hearing on the merits of this
custody case, the following order Is entered.
(1) All prior orders are vacated and replaced with this order.
(2) Primary physical custody of Jeffrey Hunter Watson, born August 5, 1996,
shall be with his mother, Alltha J. Watson.
(3) The father, Nathan B. Watson, shall have temporary physical custody of
Jeffrey as follows:
(a) During the months of June, July and August, 1998, for up to three
consecutive days In Pennsylvania, The father may take Jeffrey with him
during these days but the child shall sleep at the mother's home.
(b) The parents shall agree by the 20th day of the preceding month
what days the following month the father will exercise such period. The
father shall exercise each of these periods although they do 110t have to
be for the entire three days,
(c) Starting with the month of September, 1998, and each month
thereafter, for nine consecutive days each month In Kentucky. The
father shall provide transportation both ways. Day one shall be the day
the child leaves Pennsylvania and day nine shall be the day he returns