Q: Child support
The mother of my children moved out of PR to PA and refuses to tell me her location and refuses the children to see me. The oldest child is 17 in April and the second one is 16 in April. They both work part time jobs.
I was told PA emancipation age is 18 and PR is 21 and even though she lives in Pennsylvania and refuses to transfer the case, that she does not have to transfer the case and regardless the emancipation age stays at 21.
How do I go about the custody order when she refuses to hive me her location?
She asks me to hand full custody over to her, but at the same time there was no custody agreement, as she used to let me speak and see the kids.
Does the children working part time or even full time jobs consider them to be emancipated?
A:
If this has all occurred within the past 6 months, Puerto Rico would likely still have jurisdiction over the custody case. File something immediately in PR, and use her last known address in PR for service of your motion. Having local PR counsel is also advised -- he or she can be of immense help to you there. I see you're asking your question from Milford, PA, though . . . are you in Puerto Rico or Pennsylvania?
If she and children left PR for Pennsylvania more than 6 months ago, PA would likely have jurisdiction now. Do whatever you can to find her by internet searches, etc. You may need to hire a private investigator if you can't find her yourself.
In addition, emancipation is a state-specific concept, and -- at least in PA -- a child's employment does not automatically make them "emancipated" in the eyes of the law. In Pennsylvania, emancipation must be court-ordered and never just happens automatically.
Best of luck to you.
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