Legal Question in Family Law in Pennsylvania
Abandonment
My Father is a resident of Arizona he has a child who is two years old to a woman he has been with for 5 years. Originally they are from PA but my Dad works in Arizona and is the sole provider for all. His girlfriend wants to stay in PA and not go back. He wants to take the baby with him(who was born in Arizona) He fears that she will claim that he kidnapped him. But if he leaves him My Dad fears she will say he was abadoned. What are his rights?
2 Answers from Attorneys
Re: Abandonment
If there is no current custody order he will have to file for custody. If there is a current order he will have to petition to modify.
Re: Abandonment
Depending on how long they have been back in PA, he would have to file for custody (or modification if there is an existing Order) AND file a motion with the court for permission to relocate with the Child to Arizona.