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

Q: Filing custody for my daughter. Can I file in county where I live or is it based off daughters primary address with ex?

My ex and I have been divorced for approx 10 years but never had a court ordered custody agreement done. My daughter is with my ex a majority of the time with me having her every other weekend. Based off recent fear of imminent danger to my daughter, I have filed and was approved for both the Emergency PFA and the Temp until our Final PFA hearing next week. For the custody paperwork, do I file in the county where I live or in the county where my ex lives? The PFA's were filed in the county of my ex (York) but our Domestic Relations for Child Support is based out of my county, Adams.

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2 Lawyer Answers
Cary B. Hall
Cary B. Hall
Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Go with York County -- it's technically the proper county for local jurisdiction (also called "venue"), and it's also the county where your custody court action is originating.

Best of luck to you.

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

A: I agree. You must file in York County.

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