Parental Kidnapping?

[LTF1]

Wait, you've already got plane tickets? Then why are you here? You already made up your mind.

Wait, what? Just because I have plane tickets doesn't mean that I shouldn't be inquiring about the situation...

 

[Zigner]

Wait, what? Just because I have plane tickets doesn't mean that I shouldn't be inquiring about the situation...

Fair enough - and actually a wise thing to do.

Why do you believe that you're a resident of Colorado and not of PA?

 

[Just Blue]

He's on the birth certificate. We have no legal custody agreement, but we do have a no contact order. I literally can't contact him. I don't care to speak with his parents. I'd rather just take off at this point.. I was told that either the state or my ex could demand that I bring her back for leaving without asking. I have been her primary caretaker for her entire life. He has been around but was only a father when he felt like it. I don't understand why it would be an issue for me to just leave? I wasn't on the lease and didn't want to stay in the same place I was being beat up anyway. My options were to either go into shelter and find a place locally, or move back to my support system. This seems like the most logical thing to do.. But I don't have time to wait for a court date or even give the chance that he might get some custody or visitation. At this point, no one knows where we are staying or what my plans are.

It's true that the Father could file for custody and motion for the child be returned to the state...but as he will be in prison (hope to God he is ) I doubt anything would come of that. Go to a family law attorney with ALL the fact of this situation and get his/her opinion.

 

[HRZ]

Strictly as a layman: If you and child have been in PA for more than 6 months you are likely residents of PA and PA may well have jurisdiction over the child to compel its return if father seeks same ...I agree with above . You would be smarter to have seasoned legal counsel on family matters in PA give you advice

 

[Just Blue]

YOU are free to move wherever you want. The reason that you might not be able to just relocate the child is because the child has two parents. The child is a resident of PA, so if you just ran off with the child, you may be required to return the child if dad takes steps to make that happen.

From prison?

 

[Zigner]

From prison?

He took a plea and I have no clue what it entails. He has yet to be sentenced...

Who says he's going to prison?
(I'm not saying that he's not, but the OP doesn't know.)

 

[LTF1]

Fair enough - and actually a wise thing to do.

Why do you believe that you're a resident of Colorado and not of PA?

Well.. I never declared permanent residency in PA. I kept my CO drivers license and recently declared myself as a temporary resident. Why does that matter?

 

[Just Blue]

Who says he's going to prison?
(I'm not saying that he's not, but the OP doesn't know.)

Fair enough...

 

[HRZ]

It matters a whole lot especially as to residency of the child....and you seem far from having preserved CO residency or avoided PA....you need not declare PA to be a PA resident ....the attorrney that told you to be careful was very likely right!

 

[LTF1]

Strictly as a layman: If you and child have been in PA for more than 6 months you are likely residents of PA and PA may well have jurisdiction over the child to compel its return if father seeks same ...I agree with above . You would be smarter to have seasoned legal counsel on family matters in PA give you advice

You're right.. I really don't see her father doing anything at this point since he hasn't even attempted to yet. He told me a while ago that no one would try to take her from me. I was just curious if the state would be coming after me or if it would be him?

 

[LTF1]

I don't understand why this is so complicated. I decided to come back to PA so he could be there for her birth since he didn't want to come to CO. I ended up having her by myself anyway. I'm her primary and sole caretaker pretty much all the time. He literally would have to take a second to think about someone other than himself to realize we're even gone. He's out of jail/prison for now, but still doesn't try to see his child. I'm not sure what to expect.

 

[Zigner]

Well.. I never declared permanent residency in PA. I kept my CO drivers license and recently declared myself as a temporary resident. Why does that matter?

Because you are, legally speaking, a resident of Pennsylvania. It's not a function of you "declaring" anything, rather, it's based on your actions of living there for the last two years.

 

[Just Blue]

I don't understand why this is so complicated. I decided to come back to PA so he could be there for her birth since he didn't want to come to CO. I ended up having her by myself anyway. I'm her primary and sole caretaker pretty much all the time. He literally would have to take a second to think about someone other than himself to realize we're even gone. He's out of jail/prison for now, but still doesn't try to see his child. I'm not sure what to expect.

Hon...LIFE is complicated. And when you make a baby with a bad man that makes life even MORE complicated.

 

[LTF1]

Hon...LIFE is complicated. And when you make a baby with a bad man that makes life even MORE complicated.

Your right.. Hindsight is always 20/20

 

[LdiJ]

Here is what you need to understand:

Yes, you are free to go to Colorado and take the child with you. However, the father of the child can also run to court and get a custody case started and possibly get you ordered to return the child to PA. Then, if you do not return the child to PA, dad could get custody by default. You certainly do not want that to happen.