Legal Question in Family Law in Pennsylvania
Non court ordered denial of custody
A child living with the mother for two and half years was not returned by the father after taking the child for the normal weekend arrangement. They made an out of court arrangement the father would pay support which was done until the decision to take custody without the mothers agreement. Eventhough custody was not ever granted to either parent by the court system, doesn't the mother have any rights to regain custody prior to going to court.
1 Answer from Attorneys
Re: Non court ordered denial of custody
Until there is a court order or an agreement approved by the court either parent may exercise total custodial control over a child with very few exceptions. The only caveat is that a parent exercising such control must not secret (hide) the child without cause.
Your solution is to go to court, with an attorney, and seek an agreement regarding custody. But better yet is to negotiate an agreement with the father regarding custodial arrangements and then have the court enter the agreement as an order. An attorney should most definitely be involved in order to preserve your parental rights.
Regards,
Roger Traversa
email: [email protected]
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