My sister has two children to her ex. He is on the birth certificates but has left her numerous times. He also has a criminal and drug back round. She is the only one that works and provides for the children(for four years). There is no custody arrangements either. She wants to move from Pa. to Ca. to get a better job and have more family support for her and the children. My question is can she do that without having any legal issues?
Answer
I am sorry that your sister is faced with raising the two children without any help from their biological father. However, Pennsylvania recognizes the rights of a biological father, even if he has not provided any support for the children and even if he has a criminal record. If the father has not shown any violent tendencies in front of the children and has never been violent with the children, the law will not discount his rights as the biological father.
If your sister chooses to disregard the legal rights of the father and travels cross country to relocate in California, the father can Petition the Pennsylvania Family Court in his County and obtain an Order which commands your sister to return the children to Pennsylvania. The father can take the Order entered by a Pennsylvania Family Court to California and the California Family Court would have to enforce the Pennsylvania Order under the "Full Faith and Credit" Clause of the US Constitution.
If she chooses to disregard the biological father's rights and travels to California with the children, she will find herself in many situations in which she will be required to show a Custody Order, awarding her full legal and physical custody of the children, entered by a Pennsylvania Court, awarding her full custody of the children, including enrolling the children in school, and when she is unable to produce such an Order, she will find herself in difficult situations which will have a negative impact on the children.
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