Thank you for your question. I am a licensed Pennsylvania professional and will do my best to assist you with your concerns. This is a situation where California law does not permit you to file for divorce or for custody until you are a resident in California. That requires obtaining a driver's license, an ID, and bills to premises where you reside for at least 180 days. If you simply leave PA and go to California, you are able to do so if you wish but he can go to court in PA, claim that you abducted his child (he cannot do the same pertaining to your previous kids unless he adopted them), and demand that you return with the child so he can get the child back or he can press criminal charges for parental kidnapping. If you are really set on escaping, and you are concerned that he may sue or seek the child back, then consider first going to the PA courts and file for an emergency ex-parte petition requesting emergency sole custody on a temporary basis which would then permit you to withhold the child, and even travel with the child elsewhere.Good luck.
Im leaving on the 17th of july. Can i do this while in calufornia or do i have enough time to get it done before i go. The only proof of needing this that i have is a verbal threat to take my daughter away. Is this enough?
Erica,The emergency order should take place in PA. Obtaining it, if lucky, may take one to two days, you would need to appear in court early in the morning and try to request an emergency hearing. A threat that he would take the child away is likely sufficient but be aware that if that is what you are obtaining this order for, and then you do exactly what you accuse the other parent of planning may permit that parent to go to court and demand that the order be rescinded due to your own potential kidnapping of the child. It may be wise to focus on other factors if they exist, such as abuse or threats of abuse which then can justify you withholding the child from the parent in addition to claims that he would take the child.Good luck.
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