Grand Prairie, TX asked in Family Law and Child Custody for Pennsylvania

Q: Can my ex do anything to take my children or keep us from leaving the state and returning home if there is no agreement?

I moved a little over a year ago from PA to TX. I have 2 children from an EX in PA. There is no custody agreement in place. He has had no contact since 2011 at a child support hearing. Which he's never made a payment on. We have plans to have his rights taken away and for my husband to adopt them when we have the extra funds for a lawyer. We are planning a trip to go back to visit with our newest addition at Christmas time. He has had no care at this point, but am nervous that he could try something when I go back. Can he do anything to stop me from returning home with them while we are there? I don't think he will, but I just want to know if he could.

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1 Lawyer Answer
Dawn Padanyi
Dawn Padanyi
Answered
  • Divorce Lawyer
  • Doylestown, PA
  • Licensed in Pennsylvania

A: Under Pennsylvania law, if there is a no custody order in place, then each parent has the same custody rights to the children. So if Father gets possession of the kids, then he is not required under any law or order to allow you to take the kids anywhere. Just as there is no law or order allowing you to take the kids to TX. He could file a petition with the Court and a Judge may order that the kids be returned to PA, but that may or may not occur given the length of time that the kids have lived in TX.

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