Legal Question in Family Law in Pennsylvania

no custody order

My husband found out a couple years ago that he has a 6 year old daughter, there is no custody order in effect. We live in NC and the child lives with grandmother in PA. The mother is unfit, she is an alcoholic and abuses prescription drugs. Can we file for custody in NC or do we have to file in PA. If there is no custody order, does Pennsylvania have jurisdiction since the child has lived there her whole life or can we bring her to NC and then file for custody?


Asked on 5/20/06, 7:22 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: no custody order

Family Law is local and any fight is likely to take place in the jurisdiction in which the child is located. In PA this takes place in the local Orphan's Court. The proceedings will seek the best inetrests of the child.

You will need to prove to the court (in PA) not only that your husband is the biological father, but that your family is capable of providing the best setting for the child, and affirmatively that the mother is either unfit or relinqishes right.

Good luck in pursuing this matter.

Regards,

Roger Traversa

email: [email protected]

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Answered on 5/20/06, 8:44 pm


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