QUESTION
What is the law if I choose to pick up and move away with my son?
Asked on Apr 24th, 2013 on Child Custody - Pennsylvania
More details to this question:
My son just turned 3 and his father and I have always remained civil. We were never married and by PA state law, I have primary custody of my son as the mother. For the past 6 months, my son’s father, myself, his fiancé, my son and her son (on weekends) have been living in my sons father’s house, which I do pay to live at. Does this affect anything?
2 ANSWERS
David M. Axinn
Custody in Pennsylvania does not automatically go to the mother: if there is no court order, the mother and father share legal rights. If you move out, either the parties reach an agreement about custody, or the court would decide custody based on what is in the child's best interests. You should consult with a custody lawyer, who would want to know more about your situation before offering any opinion about what the outcome might be.
Answered on Apr 26th, 2013 at 1:27 PM
3 Awards
If there is no Custody Order of Court which spells out visitation and custody issues, either party can keep the child from the other. It would be best to work out a custody arrangement informally with him. If successful, you can live with that. If you wanted to turn your agreement into an order, you can get an attorney to do that, then you both a have a clear order to follow. If you cannot agree on anything, hire a lawyer.
Answered on Apr 26th, 2013 at 1:27 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900