Legal Question in Family Law in Pennsylvania
Child custody
Can a father on a birth certificate of a
4th month old (not married) take his
child and leave PA and file for custody in
the state of NY?
2 Answers from Attorneys
Re: Child custody
Not until he and the child have lived in NY for 6 months. Until then Pennsylvania has jurisdiction.
The question is who has custody and where does mom live? The answers to those questions might change my answer.
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{John}
Re: Child custody
If the child was born in PA and has lived here since birth, then PA has jurisdiction. The father should file for custody here. If Mother lives in PA and father tries to take the child out of state, she could file an emergency motion to get the child returned to PA, pending a hearing.
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