Legal Question in Family Law in Pennsylvania
Establishing Custody
I have a seven week old daugther. My ex husband is the father. He wants nothing to do with the child. He has not established paternity. I did not name him on the birth certificate. . Do I need to so something to legally establish custody? I was told that if I don't he could in theory come and take her from me someday if he ever wanted. For example, could pick her up at school. And I was told he would not be arrested for kidnapping or anything since he is the father? Is this true? Like I said he didn't sign the affirmation of paternity or acknowledge her in any way.
1 Answer from Attorneys
Re: Establishing Custody
As the natural mother of the child you have full custody of that child until the identity of the father is established. Once that happens he has the right to ask for custody. He'll have to go to court. He just can't grab the child.
In that case why establish paternity? Because even if the father does not want to exercise his custody rights he still has an obligation to pay child support. You can't make an agreement to not seek support as its owed to the child and such agreements are void.
Now even if child support is being paid custody is a separate issue. While the father might get visitation he's not likely to get custody if he doesn't exercise his rights. Courts are loathe to change custody absent a showing by the seeker of custody of why changing it will be in the best interests of the child.
{John}
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