Chevy Chase, MD asked in Child Custody for Pennsylvania

Q: If there is no agreement for our child and she lives with mother full time can father just up and take her & not return?

Husband and wife separated. Husband moved out. Mother takes care of child full time and takes her to and from sitters house, cooks and cleans and does the shopping and bathes her and takes care of her. There is no agreement from lawyers or courts. Can father just up and take daughter and not return with her? Can mother call the cops or anything?

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2 Lawyer Answers
Ryan L Hyde
Ryan L Hyde
Answered
  • Exton , PA
  • Licensed in Pennsylvania

A: Why couldn't he? The kids are just as much his as they are hers. The police won't do anything because there's nothing to do and no laws are being violated. If he takes the kid and doesn't return them that won't look good in future Court proceedings, but there's nothing to prevent him from doing that. Custody orders are important because they protect the interests of both sides. They Define a legal relationship so that the courts can intervene if one party can't play fair.

Kathryn Hilbush agrees with this answer

Kathryn Hilbush
Kathryn Hilbush
Answered
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: Mr. Hyde has given you a very good, down to earth response to your question. You really should consult with an experienced family law attorney in your area to learn your rights and options.

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