Legal Question in Family Law in Pennsylvania
Wife moved, wants divorce
A friend of mine's wife left out of the blue because of family pressure about their interracial marriage. Now, she is filing for a divorce and he is being told that to fight this he has to get representation in PA. Is this true? He also wants full custody now because he doesn't want his child to live in an environment that tends to be hostile towards races other then their own. Does he have a valid concern? He is also the only one with a stable professinal career with a steady salary coming in.
1 Answer from Attorneys
Re: Wife moved, wants divorce
According to what you posting stated, your friend is in Florida and wife and child are in Pennsylvania.
Assuming that is correct then there are issues of personal jurisdiction. To file for divorce in Pennsylvania both parties must be residents of Pennsylvania. The exception is if the party seeking the divorce is not a Pennsylvania resident but the other party is. Then the mere act of seeking a divorce even though you don't live in Pennsylvania gives Pennsylvania courts jurisdiction.
From what you've said that doesn't appear to be the case.
However, there is a custody issue. Jurisdiction for that depends on where the child is. Once a child not subject to an existing custody order has lived in a given jurisdiction that jurisdiction has jurisdiction for the custody matter.
Based on what you've said I would say he should talk to a Pennsylvania attorney to insure he doesn't lose his rights.
If he has any questions have him give my a call. the initial consultation is free.
{John}
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