Legal Question in Family Law in Pennsylvania
Child Custody
In the event of a separation of a married couple. Can one parent take the children out of the country, without the permission of the other parent? This is a hypothetical question, assuming the mother has custody of the minor children.
2 Answers from Attorneys
Re: Child Custody
You cannot relocate out of state or country without the permission of the court or the other parent.
Re: Child Custody
Yes. Both parents have equal rights to children unless/until a formal custody order is made. Before you do anything, though, consider what's in your child's best interests. Although it may seem like removing the child is a good idea now, will your child agree with your (or your spouse's) decision to do so in 15 years? How will it feel when you attend your child's wedding or graduation? Think about the long term before you make decisions in the short term.
If you think your spouse intends to "kidnap" your child, you may wish to seek a court custody order ASAP.
Good luck.
Diana Mercer