Legal Question in Family Law in Pennsylvania

Custody

My daughter and her exboyfriend, who is the father of her son,currently share an apartment in Del County, PA. She cannot afford to live on her own and wants to move to Virginia with her parents until she can get on her feet financially. The ex has threatened her on several occasions to get custody of the baby so she will not be able to take him out of state, needless to say, she is terrified and doesn't know which way to turn. She had gotten a temporary restraining order against him 2 weeks ago, but was told that since he didn't physically harm her or the baby, that the domestic abuse statutes would not help her. She is at wits end as to what she can and cannot do. (He also has a drug abuse history as well as spent time in jail)..What options exists for her?


Asked on 5/10/09, 11:36 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custody

Unless there is a current court order forbidding your daughter from leaving Pennsylvania with her child, she can go anytime with the child and move to Virginia or wherever else she may want to go.

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Answered on 5/10/09, 11:43 pm
John Davidson Law Office of John A. Davidson

Re: Custody

OK even with out a court order the father could seek custody. He could even file after she moved. For her own protection she should get a custody order.

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

{John}

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Answered on 5/11/09, 9:05 am


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