Legal Question in Family Law in Pennsylvania
Took children out of pa due to ex's drug use
My ex is a drug abuser. Pills were found on the floor several times with 2 infants crawling around. I became worried about their welfare. I took them (ages 2 and 8 months) and moved to my parents home in SC...no where else to go. My ex is currently in a drug treatment program (SUBOXON) for the 2nd time. My questions are this:
There was no current custody order in effect. So did I break any laws by moving them to a SAFER environment?
My ex has threatened that his drug use will not become relevant as his medical records are protected under privacy act...he is trying to throw ''dirt'' on other family members. Can his medical records be introduced as evidence to prove the history of drug abuse???
1 Answer from Attorneys
Re: Took children out of pa due to ex's drug use
Even without a custody order you should get court permission to relocate out of state with the children. However, if he does not file any documents in PA, after 6 mos. SC will have jurisdiction and you can file to confirm custody there. You will have a difficult time obtaining his medical records, unless he signs the required HIPAA releases.
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