Tuesday, March 06, 2007

What can I do if other parent takes or threatens to take the children out of state without my permission?

If the child is in danger of immediate serious physical harm or removal from Pennsylvania, you can file an emergency petition for physical custody of the child.

If the other parent takes your child out of state in violation of a custody order, you can file for contempt. Contempt is only an option for parents that already have a custody order in place. In filing for contempt, you are asking the court to say that the other parent violated the order and to force the other parent to comply with the order.

You may be able to get temporary, emergency custody of your child. The procedures for getting emergency custody are different in every county. Generally, courts may grant special or emergency relief in custody matters, which may include a temporary custody or visitation order. It is general best to seek the advice of an experienced custody lawyer if you believe that circumstances warrant the court’s immediate intervention.