Skip to main content

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

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

Posted

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, and thus do not have all the background information which would normally help me give a specific answer. However, if this answer has been helpful to you, please consider rating it with a "thumbs up". I wish you the best outcome with your situation!

Mark as helpful

Posted

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.

Mark as helpful

1 comment

Asker

Posted

Thank you for your experience and information. It is greatly appreciated.

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics