Can the parents take back custody after a PFA expires without a hearing?

Asked about 2 years ago - Jamestown, PA

On May19th, 2010 I was awarded Temporary Legal Custody of my nieces, then ages 13&14. The father pled no contest at the PFA hearing and the PFA was granted for a period of 2 years. He was not allowed any contact and never violated the order. The mother never lost her custodial rights, but chose to remain with the father so that is how I became the temporary legal guardian. The PFA expires on May19th, 2012. Will the parents be able to come and take their children, current ages 15&16 after this date?

Attorney answers (2)

  1. Kim L Lengert

    Pro

    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . People often confuse a PFA with an order for Custody, although the two are different. If you have Temporary Legal Custody based on the PFA, it has no impact when the PFA expires. Further, the Court may not consider the time you had the children the same as in other considerations for custody.
    So in short, yes the parents can take the children back. If there are still concerns for there safety, you will need to file a Complaint for Custody with the Court of Common Pleas. A Custody Order through this method has no expiration date.

    Please know that the information I provide is general in nature as we do not have an attorney-client relationship,... more
  2. Charles Thomas Jr.

    Contributor Level 16

    Answered . Yes. Mother can take custody immediately if she wants.

    You should file a custody petition asserting in loco parentis standing. Make a judge decide, or at least force the parents to respond.

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