Legal Question in Family Law in Pennsylvania

Custody

My ex-boyfriend and I have a 15 month old daughter. He moved out, and our baby has stayed with me. He sees her every other weekend but is now threatening to file for 50% custody, which I am opposed to.

What are the chances that he would get 50% custody? He recently lost his job, lives with a friend, had a warrant for his arrest in early August, and his financial situation is very bad.

I have a well paying job, a house, and our daughter clearly has a preference towards me. I also have my family to support us. He is not on good terms with his family.

Can I file to have sole custody of our daughter? (I am not a US citizen - could I take her back to my home country?)

Do I have to take him to court? Another thing is that his name is not on her birth certificate; I don't want child support - I just want him out of our lives.


Asked on 8/27/08, 9:20 am

1 Answer from Attorneys
Soleiman Raie Joel Every & Associates

Re: Custody

first question is if paternity is established? did he sign a acknowledgment of paternity? if not, he can do so...or request for a paternity test. without paternity being established, he may not be able to request custody via the courts. however, all it takes to acknowledge paternity is to sign a form in front of a judge. If so, you can still file a complaint for custody, and request primary physical and legal custody, with a visitation schedule for the father. If he does not abide to it, then you can file a petition to find him in contempt of that order and possibly have him lose whatever visitation he has. Please call for a free consultation.

Sal Raie, Esq.

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Answered on 8/27/08, 10:04 am


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