My husband and i have had my step son for over 7 months now with an open custody case in PA. The mother went to her local courthouse in Florida where original custody was established and somehow, despite her laundry list of convictions, was able to get an emergency pick up order through Florida. If she comes to Pennsylvania with this order, she says she will not leave our property, which I own, until we hand over the child. The child is not in harm's way whatsoever, but i was wondering if I can get her on defiant trespassing if she refuses to leave the property. Or do we have to hand the child over whether or not she leaves my property? Can i have her arrested for trespassing despite the order she has?
Your question is posed in the criminal law section. However, your main issue is a matter of child custody. Therefore, I am changing the practice area to allow my colleagues who routinely practice family law to respond. I am absolutely positive that all will advise you to IMMEDIATELY speak privately and confidentially with an experienced family law attorney in your area. Problems like these frequently occur during the Holidays. Your attorney can best advise you and your husband how to proceed. Good luck and Merry Christmas!
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