Legal Question in Family Law in Pennsylvania
Sister-in-law takes the baby and runs
What are the rules of Montgomery County, PA, if a mother quits her job, takes her child without her husband knowing and moves back upstate (3 hours away) to her hometown. Does the father have a right to have the child brought back to the county? The mother did not move for a boyfriend, money, or job.
1 Answer from Attorneys
Re: Sister-in-law takes the baby and runs
What you described is a matter of state law, not just Montgomery County. Each parent has a right to custody of their child. There are 3 types, full, partial and joint physical custody. The first is the person who has the child most of the time. The second is the other parent who might exercise custody every other weekend and one or more weeknights. The third involves much cooperation between the parents who usually live near each other.
While one party may move with the child, absent a court order, the court will not allow that move to defeat the other parent's custody rights. Your brother can file a complaint for custody and an Emergency Petition for Special Relief seeking an Order compelling the mother to return pending a full hearing on custody.
Your brother should act quickly though or the passage of time will result in the court accepting the situation so as not to disrupt the child's life.
He should consult with an attorney as soon as possible.
If I can be of help, do not hesitate to call or E-mail on a free initial basis.
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