I just left my 9 mo old daughters father due to his continued drug use, erratic and abusive behavior towards both me and our daughter. We don't have a custody order in place and I want to leave to Maine to be with and have support from my family for a while (I have none here), and to keep us safe. I don't necessarily want to move here just stay for a few weeks or a few months to have the support from family, get back on my feet financially and figure things out.. What are my legal rights? Can I get in trouble for doing that if I'm trying to keep me and my daughter safe?
If there is no custody order then you won't "get in trouble" if you go to Maine to visit. However, the father may file an emergency custody action, seeking that the child be returned to PA until there is a custody determination. I know that sounds really frightening and so that's why I'm also going to tell you to consult in person with an experienced family law attorney in your area before you leave. that way, you have someone there in Lackawanna County to defend you if the dad does file. And, if you're truly not moving but just going for a somewhat extended stay, the lawyer can assist you in explaining that to the judge if necessary.
Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way establish an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.
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