Legal Question in Family Law in Pennsylvania

The 19 year old is an adult and can live wherever he/she wishes. The 17 year-old is a minor. Absent a court order, both parents have the right to the custody of the child. What this means is that whoever gets the child can take the child. The problem is that if you get the child and go, your husband (I assume that you are female) could, if he wished, file a custody action. If you take the child out of state, he would have 6 months to do this. After 6 months, PA would lose jurisdiction and any action would have to be brought in the child's new state of residence. If you leave the marital home but not the state, the father could still bring an action for custody if he wished. So could you for that matter. Whether such action would succeed is a different question. The child is 17 - how soon will the child turn 18? If you are very close, I would wait until the child turns 18 and then leave with both kids.

Before you do anything, I suggest that you see a local family law attorney. For example, you could file for divorce on the grounds that your husband is abusive. If he physically assaults you or threatens to do so, you can file a protection from abuse petition. Meeting with a family law attorney will enable the attorney to more specifically review your particular situation in confidence and better advise you as to how you need to position this. If money is tight, there are resources for abused women and they may be able to direct you to an attorney who will give advice or represent you free of charge.

Please get out of there if you do not feel safe and take both children with you. Better to be safe and have the children. You can always fight about custody later if it is an issue.