Erie, PA asked in Child Custody for Pennsylvania

Q: If Mom gets arrested for child abuse and dad wants to get sole custody but lives in a different county,

Which county does he file in? Dad has apt. and driver's license in Ohio, but will have his child live with his parents in a different county in Pa.. Eventually dad will move in with grandparents to help raise his child. (CYS has taken the children away from mom; and dad/grandparents are taking care of the one grandchild.) So which county do we file for custody in; the county where Mom lives and was arrested, or the county where dad has Apt. or the county where the child lives with his grandparents?

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1 Lawyer Answer

A: The county where there's a custody order in place -- which is likely Mom's county of residence. If there's no custody order at all, I still suggest filing for custody in the county of Mom's/children's residence . . . and that would be your best bet as well because that county's CYS knows what's going on with Mom and will be of great assistance to Dad.

Best of luck.

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