Legal Question in Family Law in Pennsylvania

My husband, myself and my children are moving our of state. We live in small town usa so jobs and good medical care is hard to find. My husband got offered his old job back with a pay increase. So we are making the move to better ourselves as well as our children's lives. My parents have made comments before that they would take our children if we tried to move again. I want to tell them that we are moving but I fear that they will try to take them from us. So my question is can they take our children away from us? Can they start a legal process to keep us here? My fear is we are putting in our notice to the place we are currently living and they will start a legal process and we will get evicted due to not being able to leave, so then that would give the state reason to give my kids to them.


Asked on 9/05/16, 9:13 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Assuming you are moving to another US State or the District of Columbia you have that write under the privileges and immunity clause of the US Constitution. It's not my saying it the US Supreme Court has repeatedly said so.

Can they take your children? Well they could try but you are an intact family. I don't see them having standing to do so.

Even if they could get over that hurdle they can't win. You have the fundamental right to parent. What gives them the right to tell you where to live?

If you wish to discuss this further feel free to call me.

{John}

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Answered on 9/06/16, 6:49 am


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