Legal Question in Family Law in Pennsylvania

You need a custody order to get the child back in PA. The courts frown on self help solutions.

So get a lawyer and get your child her and make sure the case is heard in the courts of your county.

{John}

You stated that your "girlfriend" took your son out of the State of Pennsylvania. You did not state whether or not a paternity test was done to prove that you were legally the child's biological father. If you have not had such a paternity test to prove that you were the child's biological father, you should not attempt to take your son anywhere because you could be charged with kidnapping.

If a paternity test was done and you have proof that you are the biological father, then under Pennsylvania law you have an equal right to custody with the mother. If this is the case, you should file a Complaint for Custody with the Court of Common Pleas of the County in which you resided with your girlfriend. Proper venue for such an action would be the State and County in which the child resided during the immediately preceding 6 months. So, if your girlfriend took your son out of the State of Pennsylvania less than 6 months ago, then any custody proceeding she starts in that State would be invalid because neither she, nor the child would have met the residency requirements.

Best of luck,

ANDREA