Legal Question in Family Law in Pennsylvania

In Oct of 2007 the children's mother walked out on the children. for 6 months I tried to get her to do the parent thing. in April I filed for custody. The mother did not show up to any court dates. Oct 2008 I was granted custody and child support was ordered. This was all donr in FL. shortly after I had to re-locate to PA as I could not afford to live in FL. We all are from PA. now since I dont this there is a court order to return the children to her custody in FL. The mother lives with her current boyfriend and his parents in a 2 bedroom house, she has no employment. As far as I know she has not informed the courts of this. Here with me, the children have their own bedrooms, get good grades in school. what steps do I need to take to get custody back? There has to be something that can be done without going back to FL


Asked on 3/23/10, 3:27 pm

2 Answers from Attorneys

Michael Berman Law Offices of Michael A. Berman

First off....did the FL Court Order grant her partial custody/visitation time? If so, has she made attempts to use it?

You can file a Petition to Confirm Primary Custody in the PA Courts since you have resided here for more than 6 months, and attach the FL Order. They can supply the general forms at your county courthouse...I am attaching a link to Philadelphia Pro se relocation petition ( http://www.courts.phila.gov/pdf/forms/domestic-relations/prose-relocation-petition.pdf) and a link to a custody modification form ( http://www.courts.phila.gov/pdf/forms/domestic-relations/prose-pet-to-modify-custdy.pdf )

I understand that FL's relocation rules are tough, but if it comes down to it and you are required to go there and answer to the Courts as to why you left FL, you seem to have a very strong case to keep the children in PA.

Mike

Read more
Answered on 3/29/10, 4:57 am
John Davidson Law Office of John A. Davidson

Because mother didn't object to the move and you and the children have lived in Pennsylvania for over 6 months you should file for custody in Pennsylvania. You would be filing in Dauphin County.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Read more
Answered on 3/29/10, 6:44 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania