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

Q: Mother gave Father full custody now he might be arrested. What happens to the kids?

Mother gave Father full custody based on a verbal agreement that he would take them and go away. This was her attempt to get away from him and his abuse of her. He has not gone away and is continuing to do things that he might be charged for. He is already on probation that includes no contact with the Mother and there is a PFA in place against him that he is violating. Mother is afraid to call the Police because she doesn't know what happens to the kids if Father has to spend time in jail. She does not want to take custody and does not have space to house the kids. If the Father goes to jail, will the Mother be forced to take custody? Father is living with a new girlfriend and the kids but it is not known if the new girlfriend can or would take care of the kids on her own. Mother just wants the abuse to end and to move on with her life away from the Father and kids.

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1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: If Father is incarcerated and Mother is unwilling to step up to the plate and take care of their children, then, unless a suitable family member is located, the children will probably go into foster care.

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