Legal Question in Family Law in Pennsylvania

Re: child custody

Get an attorney. There is a federal law the child parental kidnapping prevention action. I think that is what it is called. An attorney would file in court here and then the court in New Mexico will enforce the order to send the child back. Good luck.

Re: child custody

You need to file a custody action in Pennsylvania. Under Pennsylvania law they have jurisdiction if the child hasn't resided outside of Pennsylvania for 6 months. In cases involving relocation you have a due process right to a hearing in Pennsylvania within a reasonable time after the move has occurred. If you don't file in Pennsylvania the presumption is you agreed to the move.

As a practical matter you'll have a better chance of getting the child back if you're in a Pennsylvania court then a New Mexico court.

If you have any questions feel free to contact me, the initial consultation is free.

{John}