Q: My daughter was taken out of state by her father. I want to get custody and avoid lawyers and court costs.
My daughter is 15. She's lived with her dad as a mutual agreement since she was 8. I have the other daughter, 17. He recently moved out of state against my wishes. There is no custody agreement or child support. She wants to live with me. If I file for custody once she's with me on a visit, what can I do to get custody without having to pay and what will happen when I do?
A:
Everybody wants to avoid "lawyers and court costs." Everyone also wants to avoid plumbers -- until your toilet doesn't work, and then you want one. "Lawyers and court costs" are the same: if you want something involving lawyers and courts, then you have to deal with them. So my first bit of (free) advice is to be realistic. Since you're not a lawyer yourself, you'll most likely need to deal with one to navigate the legal system and to seek what you desire for yourself and your daughter. Most of us are pretty great folks, so there's that too.
Secondly, you'll have to pay unless you're indigent (poor). Contact your local legal aid organization to see if you qualify for free or reduced-fee legal services. If so, you may also be able to petition the court to waive any filing fees associating with instituting a custody case.
Finally, you should do all of this immediately if you want any shot of keeping custody jurisdiction in Pennsylvania -- otherwise, you'll be required to have your petition heard in the other state. Time is ticking, so don't delay. And I'm talking like *today,* not after the holidays.
Best of luck to you.
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