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PA child custody laws, procedure for father to modify child custody/parenting plan

Asked over 3 years ago - Union City, PA

My cousins divorced about 10 years ago. They have two daughters. One is 14 the other is 15. Their mother moved to NC about 7 years ago while the father remained in PA. The daughters lived with their father in PA until about 6 months ago, when the 15 year old moved with her mom to NC. The 14 year old stayed with her dad in PA. The 15 year old has been there about 6 months. Her grades fell and she lost a lot of weight. She was supposed to start school on August 25, 2008, but she isn't in school yet and it is now September 15, 2008. Her father is concerned that she would be better off back in PA living with him. Also, there was no agreement set about where the children would live or whom the children will live with. The daughter in NC is also living where there are a lot of drugs and her mother has no job. What type of legal action can their father take to insure that the 15 year old daughter can be bought back to PA, in safe environment, where she can go to school like she is supposed to?

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Attorney answers (1)

Anthony John Colleluori

Reputation Level 15

Answered over 3 years ago. White Collar Crime Lawyer in Huntington Station, NY.

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Under the Uniform Child-Custody Jurisdiction and Enforcement Act the jurisdiction over the child is where the child last resided for SIX (6) months. Hence your cousin unless he acts quickly must move in Pa. right away to give Pa. Courts control over the situation. That said, if he has already "Blown the statute" he can still apply in NC for custody of the child. The standard there is the best in terest of the child and what his ex is doing to this child, and letting this child do is far from the best interest.
Your cousin should consult an attorney in Pa. to determine if he can act. IF not get a lawyer in NC and get going. He may also want to hire a Private investigator to prove independantly some of the allegations you mention. It would be a bad idea to bring these types of allegations without some proof and to do so could undermine his application. He should also begin to prove he is a good parent. Parenting classes and therapy for the purpose of evaluation is always impressive to the court.

Good luck to him, and to his daughters.

The Uniform Child-Custody Jurisdiction and Enforcement Act

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