Berwick, PA asked in Family Law and Child Custody for Pennsylvania

Q: if my child was born in delaware but now lives with me in pa does the custody laws change

she lived with her dad for 6 years and i never recieved any paper work that he filed for custody or anything. well now he ask me to take her back and i have her again but i live in pa she is with me. what are my rights or laws as for custody now that i am in PA with her. should i file for custody or do i automatically have custody since i am the birth mother

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

A: In the absence of a Court order, both parents have legal rights to the child. Also without a Court order, there is no obligation by either party to maintain any particular schedule or arrangement, however if there is a status quo that was established between the parents, it may not be in the child's best interest to change that status quo suddenly or without good reason. In Pennsylvania, jurisdiction for child custody matters depends on where the child has last resided for a period of 6 months. Where the child was born is not relevant to jurisdiction because people move frequently and sometimes great distances. Consult with a local family attorney for more detailed advice with all the information present.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.