Legal Question in Family Law in Pennsylvania

My wife and I live in Pennsylvania. My wife is from Florida. Can she take them back to Florida without me knowing about it, and is it legal? Can I do anything about it?


Asked on 12/14/12, 5:17 pm

1 Answer from Attorneys

Debra Rainey The Law Office of Debra D. Rainey

Presumable by the "them", you are referring to your children. Both you and your wife are bound by the terms of the Custody order if one exits. If a custody order exists and the order does not permit your wife to return to Florida with the children, your wife would be required by law to seek permission of the Court to move to Florida.

The Court would have to hold a hearing to determine if moving the children to Florida would be in the best interest of your children. If on the other hand no Court order exists, possession really is 9/10s of the law, your wife would have nothing keeping her from moving to Florida, uness and until you file a Petition in Pennsylvania respecting custody of the chidren thus triggering jurisdiction here in Pennsylvania.

I would suggest you retain a Family Law attorney right away to protect and preserve your rights.

You can check out my website at www.DebraRaineyLaw.com.

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Answered on 1/06/13, 2:29 pm


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