Legal Question in Family Law in Pennsylvania
me and my bf split and we had a verbal agreement to split our childs time between our two homes. she will be going to school this fall and im afraid if i return her on the day im supposed to that he will keep her and not give her back. Is he allowed to keep my child from me??
1 Answer from Attorneys
Yes, he could. A verbal agreement in a custody matter is no enforceable. Since there is no custody order, each parent has equal rights to the child, so if the child is in his care and he decides to not return the child to you, he is within his rights when there is no court order.
I would suggest that you consult with an attorney and file a custody complaint. If you and the child's dad are able to agree to the terms of custody, then instead of going through a custody hearing, you could have your attorney draw up a custody agreement and have it filed in court so it becomes part of a court order.
If you would like to discuss this further, feel free to give me a call. I offer free phone consultations.
Justin C Gearty Jr., Esquire
Law Office of Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
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