Q: I've had an emergency custody order in pa for 3 years now and mother never pursued. Now she wants custody.
Do I need to worry
A:
Generally speaking, both parents have legal rights to their children unless those rights have been terminated in connection with an adoption, so, yes, she can file. Do you have anything to worry about? Well, that depends on what you mean by "anything." The court evaluates 16 factors when making a custody determination. I've provided you with the link. Read sections 5328-5330 specifically.
Being absent from a child's life for 3 years will certainly not weigh in her favor, but without knowing all of the facts of the situation, it's unwise to even venture a guess as to how the court will evaluate the other factors. I suggest that you review the factors yourself as, at this point, you know the situation best. After that, I suggest that you consult with an experienced family law attorney in your area. http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM
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