Parental Kidnapping in PA

[J2007]

What is the name of your state? PA

In the process of getting a support order filed. The kids have lived with me for the past 3 years, with dad having visitation - recently, not as much - his choice.

IF he were to keep my children before the filling is complete, can I get him for parental kidnapping since it is obvious that the kids live with me primarily? We do have a written agreement, not filed...

Thanks a bunch!

 

[LdiJ]

What is the name of your state? PA

In the process of getting a support order filed. The kids have lived with me for the past 3 years, with dad having visitation - recently, not as much - his choice.

IF he were to keep my children before the filling is complete, can I get him for parental kidnapping since it is obvious that the kids live with me primarily? We do have a written agreement, not filed...

Thanks a bunch!

Are you saying that there are no custody/visitation orders? Are/were you married to dad?

 

[J2007]

Nothing filed with the court, we had a separation agreement in Virginia, then moved to PA. Dad and I are divorced.

 

[LdiJ]

Nothing filed with the court, we had a separation agreement in Virginia, then moved to PA. Dad and I are divorced.

The separation agreement did not cover child custody?

 

[J2007]

Yes, it did. Then when we filed for divorce (in PA) we were told that it was a separate issue - and it has never been filed with the courts.. BUT, it is a signed agreement - signed by both of us. The children have lived with me for the past 3 years, with him having visitation, if he felt like taking them. I am going out of town on a business trip this weekend, and he will be keeping them until Thursday of next week. I just don't want to have the issue of him not bringing them back to me - maybe paranoid.. but more worried. I have an appt with my attny on July 2nd to take care of it, but I wanted to know IF he keeps my kids, can I take our signed agreement to a judge and ask for an emergency custody hearing??

 

[Ohiogal]

Yes, it did. Then when we filed for divorce (in PA) we were told that it was a separate issue - and it has never been filed with the courts.. BUT, it is a signed agreement - signed by both of us. The children have lived with me for the past 3 years, with him having visitation, if he felt like taking them. I am going out of town on a business trip this weekend, and he will be keeping them until Thursday of next week. I just don't want to have the issue of him not bringing them back to me - maybe paranoid.. but more worried. I have an appt with my attny on July 2nd to take care of it, but I wanted to know IF he keeps my kids, can I take our signed agreement to a judge and ask for an emergency custody hearing??

YOu could ask but don't think it will work because dad stands equal with you before the court and I believe this was answered for you on your other thread.

 

[J2007]

Yes, you are right, it was answered before.. I was just wondering if it would make a difference in an 'emergency' situation.. Thanks!!