Legal Question in Family Law in Pennsylvania

child custody

I am currently pregnant with my ex boyfriends child. He is currently undergoing a courth case for breaking my nose at the very begining of my pregnancy. I have an offer to move out of state to go live with my sister in Georgia, I know he can fight the move and I have to come back and go to court, but he wouldnt be able to keep me and my daughter here after the assult charge would he?


Asked on 4/27/08, 10:10 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: child custody

If you move before your child is born, the child will never be a resident of PA and jurisdiction would not be appropriate.

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Answered on 4/27/08, 10:16 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: child custody

You asked about moving out of state.

Unless the ex-boyfriend can somehow get (partial) custody of the child then you are not prevented from moving out of state with a child. If you move before the child is born then the forum would be in the state you moved to. He cannot fight the move unless you are a resident AND child is born AND he gets a custody order. Even if you move, come back for the court case and the child is born at that time, you would still be a resident of the state where you had moved and intended to reside and so would the child.

Further, it is unlikely that court would cause an abused person to remain or share custody with an identified abuser.

You should speak with a lawyer in the state to which you are moving.

Good luck.

Roger.

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Answered on 4/27/08, 11:59 am


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