Asked in Family Law and Child Custody for Pennsylvania

Q: My mom is taking me for custody of my kids and won't let me have them. Can she do that?

I let her have them for the weekend and when I went back to get them she said I couldn't have them.

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1 Lawyer Answer
Ryan L Hyde
Ryan L Hyde
Answered
  • Exton , PA
  • Licensed in Pennsylvania

A: I always have to ask this up front, what does the order say? If you don't have a custody order than its legal. Its not smart because it makes her look bad in the eyes of the court, but you both have equal custody of the children and until a court order otherwise its the wild west. Her not letting you see the children is bad for her case, however, as it touches many of the sixteen factors the court will be considering. If she has an attorney they are probably advising her not to do this as it will look bad. If you are serious about the case you should be consulting with a family attorney. There may be steps you can take to get the children back and/or greatly accelerate the process of getting an order that will be enforceable.

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