QUESTION
If there is no current court order or est jurisdiction for custody can I legally as the bio father pick up my son in another state and bring him back?
Asked on Nov 06th, 2021 on Child Custody - Pennsylvania
More details to this question:
Last court order est. Aug, 2009 in PA. Jurisdiction released to OH Aug 2011. Custody was never established in OH courts. Mother used false allegation and lies that I molested my son since 2011 to prevent all contact with him . Mother moved back to PA and lived here since Oct 2017 up through Oct 5, 2021 with my son. Mother lost custody in 2018 due to negligence and admitted & documented drug use by CYS in PA (tested positive for THC, Amphetamines, Barbiturates, and PCP). Mother regained custody in 2019. Mother has been evicted from last 3 residences in 2019, 2020, and 2021. Last eviction occurred August 2021. After eviction my son was staying with a neighbor (unknown to me). Mother had no contact with him for almost an entire month. October 5, 2021 mother pick him up from school and had paramour forcibly put him in car (using a choke-hold) to take him to SC.
1 ANSWER
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PA requires that a Petition be filed by any parent seeking to relocate to any significant distance from the other parent. You should file a Petition for Special Relief on an emergency basis seeking an Order requiring that the child be returned to your jurisdiction and or give you custody.
I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
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Answered on Nov 08th, 2021 at 10:20 AM