Legal Question in Family Law in Pennsylvania

My uncle filed for emergency custody because the two children were being abused. He file in Pennsylvania. the mother was notified and filed for emergency custody in North Carolina. She was able to come with police and take the children even though her custody claim was filed after his. Is it possible for one judge in one state to over rule a judge in another state?


Asked on 7/25/10, 11:41 pm

1 Answer from Attorneys
Paul Stacom Law Office of Paul J. Stacom

Whatever state the children have lived in for the past 6 months has jurisdiction over the children. If that is North Carolina, then its order applies. Also, at least under PA law, the uncle does not have "standing" to sue for custody. He can certainly notfiy the appropriate state agency to investigate, or the father, if around, can take action.

Read more
Answered on 7/29/10, 5:35 am


Related Questions & Answers

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