Legal Question in Family Law in Pennsylvania
Can a mother move out of state with a child if there is no custody agreement in place. Father is activily involved with child. Father has child from fri to sun every weekend. Mother now decides that she want to move far away. What can a father do to keep her close. The child 6 and has grown up around the family he has now and cares for them.
1 Answer from Attorneys
The mother should be sending a notice that is required under the custody statute if she plans to relocate. However, if she doesn't do so, or the father doesn't file a timely objection with the court as outlined in the notice, then the father will need to retain a lawyer and file a custody action. After she leaves the state, PA will retain jurisdiction for six months. His lawyer could file a custody action and ask the court to order her to return the child to PA. If he doesn't take any action within that time period, then the new state would acquire jurisdiction and if he wanted to get any sort of custody, he would then need to take action in the court of the new state.
I would highly suggest that he retain a lawyer asap. A complete review of the facts needs done to best advise him on how to proceed. If the father is in the central PA area (ie: Lancaster, York, Berks, Dauphin, Adams, Cumberland, or other nearby counties), please feel free to call me for a free phone consultation.
Justin C. Gearty Jr., Esquire
Ph: 717-490-6325
Email: [email protected]
Website: www.GeartyLawOffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.
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