Q: Can a parent file a petition for child that lives in another state?
My ex lives in Pennsylvania she came from Honduras 5 years ago with her other husband and kids. I have a son with her that’s been living with me in Florida since 2015 when I arrived to the state from Honduras. Recently she came down here to Miami to pick up my son to spend the summer in Pennsylvania. It was suppose to be for two weeks but she said that she wants to keep him some more. I accepted because my son hasn’t spent much time with his mother. However recently my son told me and screenshots me a document that his mom is filing in Pennsylvania appears for immigration. Can she do that without my consent? Also it feels that she doesn’t want to return my son back to me? What can be done in this case? Can I go to Pennsylvania and get him back or will court intervention be needed?
A:
If your son stays with his mother in Pennsylvania for six months or more, she will be able to file for custody there, and the Pennsylvania courts will have exclusive jurisdiction to decide custody. You should contact a Pennsylvania attorney for more specific advice regarding how to get your son; while you can go there and attempt to get him without court intervention, if she disputes your right to do so it might be a wasted trip on your part, so contact an attorney there before you go.
It is unclear what you mean by "a document that his mom is filing in Pennsylvania appears for immigration". If the document pertains to her, it wouldn't seem to be any of your concern.
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