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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My daughter doesnt have a custody order filed at a courthouse.

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My daughter doesn't have a custody order filed at a courthouse. It's a handwritten agreement that she and the father of her 2 year old son made together. There isn't a judge's consent order attached to it. Seems like no one has custody of my grandson. If she went to FL or GA to live near family and to get a better job it seems it would be possible for the father of her child to enter a court order request for custody and bring her back to PA. Would she be held on charges if she left the state without notifying the father that she was leaving?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
When it comes to child custody cases, a handwritten agreement is not enforcible. She would need a court order giving her primary custody of the child and authorizing relocation. Without a court order it is unlikely she will be charged with custodial intereference because there is nothing limiting or restricting each parents rights to the child. But as you said the father can then file asking for custody in PA and can force her to bring the child back to the father and she runs the risk of losing primary custody of the child if she is considered a flight risk given the fact she did not inform the father she was leaving. It would be best if she could resolve custody/visitation issues formally with the court before she decides to leave and not tell the father.


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