Pennsylvania Child Custody Legal Questions

First, it is exteremely difficult to relocate under Pennsylvania law. Having said that, every case is unique and would depend on many factors. But, at 12 and 13 years of age, your daughter's preferences will be weighted very heavily and if they would prefer not to move, absent circumstances of abuse and negelct, it is unlikely a Court would grant you the ability to relocate with them.  I would reccomend that you at least obtain an agreement and a correspodning order granting you some custody time - between weekends, holidays, the summer, etc.....  But there really isn't anything that can be done now in the form of an agreement that would prevent him from opposing later. Even if he did agree to that, he could always change his mind later. Custody is always modifiable as circumstances change, and all he would have to say in the future is that he believes it is in your daughter's best interests to not move.  Only you know what's best for you and your daughters. But I would imagine their father in the future would say your daughters should remain with him, and try to argue that you chose your career over your daughters.  Stability and relationships are very important in any Custody proceeding.         ... Read More

Delaware law would control, so I can't advise you on their procedures. When they are visiting, he can go to a private lab, like Quest, to get a paternity test. He can also buy a test kit at major pharmacies and do the testing at home and send the swabs to the lab.   Delaware would control custody of the children.... Read More

Its not a court order so cannot be enforced in court. It may help in enrolling him in school, or if you were stopped by the police or other similar matter where his physical presence with you may come into question. If you can spring for an attorney to present a motion for temporary custody order to a judge you would be totally covered. In some counties, like Allegheny, there is "pro se" motions court which assists persons with this sort of thing.... Read More

Look at your current custody order. It should state who between you and mom has "legal custody". If legal custody is shared, take a copy of the order to the school and they should give you records. If you do not have a court order for custody, the school still should give you the records but may not want to do it without a court order stating you have legal custody. If that is the case, you will have to hire a lawyer to go to court on a motion to confirm custody and get an order. I do not know all the details here so you should consult with a lawyer who can look at all of the documents.... Read More

If you have a custody order, you need to follow it or file in court to modify it. If there is not custody order, you can take the kids. You really should see an attorney to review all of the facts. Taking the kids may not be advisable as he may file an emergency motion and it may make you look bad to the judge.... Read More

You should shop around for a better price. The step parent adoption will only work if a) you marry your fiance, and b) the biological father agrees to the adoption by signing a voluntary termination of parental rights. You need to look at your custody order and determine what happens when father is released. Does he have any visitation rights automatically or does he have to file. If he has to file, you could wait and see if he actually does. If you fear he will come and steal the child, which is unlikely if he is on parole, got to motions court and get a temporary custody order.... Read More

It is an agreement and only enforceable by one party filing a law suit against the other. If the agreement is turned into a court order, then signed by a judge, it is enforceable in an easier way, by going to motions court. Either party who does violates the court order can be found in contempt.... Read More