Legal Question in Family Law in Pennsylvania

If there are no custody orders, yes. The problem is that if you take the children, he can file a custody action in Pennsylvania at any time in the 6 months after you leave. In such case, the Pennsylvania courts will retain jurisdiction to hear the case and you may be ordered to return the children to Pennsylvania. After 15 years, the courts are going to wonder about this and you will have to make a very good case as to why you want to leave the state NOW.

I suggest that before you leave, you first meet with a family law attorney to discuss the issue of child custody. I would first get this resolved and a custody order in place and get approval of the court to take the children out of state.

While your family/friends are great to help you, the court in a custody case is concerned with the best interests of the children. So you will have to show that a move is in their interests. You will also have to show how you plan to allow the children to contact and see their father.

You say the relationship is unhealthy, but you don't say why. Is there abuse? Drug use? These factors might have a abearing so that is why you need to sit down with a family attorney who can review the specifics of your case. If there is abuse, then go a battered women's shelter or similar place and get help. Failing that, try contacting the domestic relations court and seeing what programs they offer as you may be able to get help at no cost or at reduced cost, depending on the circumstances.