Legal Question in Family Law in Pennsylvania
i am 15 years old i have a 1 year old son. he is currently in indiana with my parent. i have full custody of him, but my parents are lying to me telling me that they have half custody because of my age. my question is, am i aloud to go to indiana and get my son and bring him to pennsylvania with me? without my parents permission.
1 Answer from Attorneys
First is there a custody order? If not then you need to get one. The question is where? The answer is where the child has lived for the last 6 months. The problem you have is to convince a court that it is in the best interests of the child to live with you.
Where is the child's father? He would have custody rights. That said, he, if I got math right got you pregnant at either 13 or 14. If he was 4 years older than you he's guilty of statutory rape. If you were 13 the penalty for that is 40 years. It doesn't matter if you say it was consensual because at that age you can NOT consent. Even if he isn't charged then the court isn't likely to grant him custody.
If he's not 4 years older he might not have criminal liability but then he is also under 18 so neither you nor him are in a position to provide for your child. I doubt you finished high school. Has dad?
If you were to have to take this to court, first you'd need a lawyer if for know other reason your parents will have one. Even if you do get a lawyer you'll have the almost impossible task of convincing the court that it would be in the child's best interest to be with you.
{John}