Legal Question in Family Law in Pennsylvania

Re: Leaving Child's Father

You asked about leaving a domestic situation.

Either custodial parent may take full custody of an underage child. This is especially true when they are fleeing a problematic situation. It will not generally be considered kidnapping. That is as long as the party has legal right to full custody (there is no outstanding custody order).

Now for the caution. You should begin legal proceedings immediately in the jurisdiction where the children have been located for at least six months.

Contact a local women's shelter and they assist you with the practical aspects of leaving such as when and how.

Also, contact local attorneys that specialize in family law. Hire one to begin to protect your rights and the children. If money is a problem then see if one of the local legal clinics can be of assistance.

As for proving a substance abuse problem that will be proved by extrinsic evidence (e.g. being arrested for substance related crimes, being fired or counseled for substance, witness testimony from freinds and relatives, your testimony, reciepts from bars and liquor stores). One very good method that is often missed to to get testimony from the proprietor and employees at the person's favorite businesses. They will be able to testify as to what was purchased and when. Often there will be videotape.

But again, this is something for the lawyer to help you with.

Regards,

Roger