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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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i live in pa my wife ran off with my son for a week to ...

Resolved Question:

i live in pa my wife ran off with my son for a week to a friends house she saying she goin to register him in school in ny she has no adress but her parents address i assk her to come back i have him now for the weekend school starts tommorrow what should i do
Submitted: 8 years ago.
Category: Family Law
Expert:  Walter replied 8 years ago.

Hello,

Has any custody order been given on the child?

Are you and the mother legally married?

Do you have the child with you right now?

Walter

Customer: replied 8 years ago.
no custody order has been filed been hoping for her to come home
yes we are
yes she let me have him for the weekend
Expert:  Walter replied 8 years ago.

Hello,

OK the law stipulates in PA that whomever has the child as physical custody of the child. Since you are married you both have custody of the child. You are not required to give the child back to her.

If you feel she may take off with the child again you can keep him and file a petition with the courts for temporary custody of the child until the problems are resolved or a until you file for divorce and get a final hearing on custody of the child.

I am assuming she wants you to give the child back in the near future, if you think she may take off I would not advise returning the child unless this is what you wish to do. I would advise you to get in contact with a family law lawyer in your area to begin the process of seeking temporary custody of the child or allowing her to have custody and seeking visitation.

Walter

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