Legal Question in Family Law in Pennsylvania

If a father feels his child is better off with him and not his mother, and there is no custody order. Does he have the right to take custody of the child until the matter can be resolved in court? I'm hoping this is legal and NOT considered parental kidnapping.


Asked on 3/08/11, 8:51 am

1 Answer from Attorneys

Michael Greenstein Greenstein Family Law Services, P.C.

Based on your description, while this is not technically illegal, don't expect it not to have negative consequences. Courts tend to frown on this sort of "self-help" as an alternative to the civil court system, and you ought to think long and hard about the personal consequences of such an action not only on yourself any hope of a functional co-parenting relationship with the mother, but also on your child. Consider seriously that whatever you can do with your child, she can also do. Consider also how a judge will view the situation -- and your actions -- when the mother goes to court and asks that the custody situation be restored to what the child is used to, until the matter can be adjudicated in the court's own time.

Frankly, unless the child is in clear and present danger, I advise against this sort of thing. You really ought to go over this situation with a lawyer, in the detail that it deserves. After an office consultation, you should emerge with an understanding of your options and what path might be best to take you toward your goal.

Attorney Michael B. Greenstein

Pittsburgh, PA

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Answered on 3/08/11, 9:10 am


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