Legal Question in Family Law in Pennsylvania
If two people are still legally married but living separately and the child is living with the mother does the father have joint custody so he could just take the child or does he need to get a court order also is there any custody agreement the mother could have drawn up.
1 Answer from Attorneys
While there is no custody order, each parent has equal rights to the child. This means that either parent can have custody of the child and refuse to allow the other person to visit with the child. If the child went with the father and the father didn't return the child, there would be no immediate remedy (ie: the police wouldn't force him to return the child). The remedy then would be to file in court and get an order requiring the return of the child.
Having an order from the court is the only way to really protect rights to visitation.
If you would like to discuss this further, feel free to give me a call. I offer free phone consultations.
Justin C. Gearty Jr., Esquire
Law Office of Justin Gearty
717-490-6325
www.GeartyLawOffices.com
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