Legal Question in Family Law in Pennsylvania

Re: Child custody for fathers

It is difficult to respond to your inquiry because of the limited information supplied. The question of whether a risk of immediate removal of the children from the country exists is a factual one which depends upon the particulars of your situation. I can give you general information regarding child custody jurisdiction issues.

The jurisdiction for a child custody case is determined by the child's residence. In cases with competing claims of jurisdiction between states, the Uniform Child Custody Jurisdiction Act will control. If different countries are involved the Hague Convention International Child Abduction Remedies Act may be applicable.

Most practically, if you are concerned that the child may be wrongfully removed to another jurisdiction, you may file a custody petition. This petition will be heard following standard Domestic Realtions Section procedures in your area at which time the court would consider all facts relevant to the overall "best interests of the children". One of these factors would be the children's ability to maintain an ongoing and close relationship with both parents.

If the threat of removal is dire, you may wish to petition for an emergency custody order. Emergency custody orders are granted without benefit of a full hearing and are rare. There must be a threat of immediate or imminent removal for this to be appropriate.

Your local county will have its own procedural rules for seeking an emergency custody order. You may obtain advice from a professional in your area.

Ilene Young, Esquire/ Law Offices of Carol E. Cardonick, PC 215-444-0445

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this response may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.