I was granted residential custody by a NJ court back in 2011 for my daughter, but since have allowed her to live with her mother and I have moved to PA. I now need full custody because her mother is unfit and in rehabilitation, my daughter is now with me.
How long has the child been living with you in PA? There is not enough information in your question to provide you with an answer.
If you have just moved here (within less than 6 months) a modification to the custody order should be done in the previous jurisdiction if the other parent still resides there, absent and emergency. Consider at least a consult with an attorney to ensure that you handle this correctly.
This answer is meant to be informational and does not constitute legal advice.
First, even though you allowed your daughter to live with her Mother, if there were no changes to the existing custody Order, it is still a valid Order. Thus, based on what you wrote, you may have primary custody. However, it certainly makes sense to modify it to reflect the change in circumstances. Custody follows the child but there is usually a residence requirement of 6 months. You should get in with a family lawyer to discuss in further detail.
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