Legal Question in Family Law in Pennsylvania
I have sole legal/physical custody, home state of child is PA, dad lives in AZ and filed of legal custody, can he even do that?
Asked on 1/18/16, 10:54 am
1 Answer from Attorneys
Matthew Nahrgang
Nahrgang & Associates, P.C.
Under the Uniform Child Custody Jurisdiction and Enforcement Act, a custody action must be filed in the child's home state, which must be at least 6 months. So, as long as your child has lived here for more than 6 months, you are correct. You have 2 options: file here and the judge hear will likely call the judge there to seek his dismissal pursuant to the law, or hire an Arizona attorney to defend the case there seeking dismissal.
While I trust that answers your questions, feel free to call or e-mail me on a free initial basis to assist you further.
Answered on 1/18/16, 12:55 pm