If I’m married and am leaving the rented home of residence, when I lgo am I required to do any paperwork regarding the custody of my child?

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If I’m married and am leaving the rented home of residence, when I lgo am I required to do any paperwork regarding the custody of my child?

It is in my plans to take the child to the new residence. I am leaving due to safety concerns not enough to warrent a PFA, but want to leave the situation before it escalates. Please advise if I have to do anything prior to leaving or if I can just go?

Asked on October 30, 2012 under Family Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you do not have any court orders in place, then you can leave with your child and get to safety.  Even though many abusive spouses tell their partners they will file kidnapping charges if they do, it actually is not a violation of the law to take your child with you as long as you are not violating a child custody order. If there is a court order in place, then follow the requirements of the order.  If need be, you can file a motion to modify the court orders.

If you are renting your residence, you do need let the landlord know so that you can deal with the lease.  You don't need a debt associated with the breaking of a lease to haunt you as you are trying to set up a new household. 

If you need help relocating, call your local law enforcement agency for a list of shelters or church programs that are avaible for spouses who are trying to get out of abusive situations. 


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