Legal Question in Family Law in Pennsylvania
please help
my friends lives in penn. her boyfriend and her have a one year old daughter. he did not sign the birth certificate.he has hit her i have pictures of that.he wants her to leave and she wants to leave.she has family in kentucky.thats where she wants to go.she has nowhere to go and nobody to go to in penn.she needs to know what she can and can't do.should she take the child and go?there is not taking to the guy either.hes not very rational
1 Answer from Attorneys
Re: please help
You asked about leaving with a child.
No woman, or man, should stay in or even near an abusive relationship. There are hotlines in every locality that can work with the victim of abuse to get out of the situation immediately.
As to taking the child, in all states either acknowledged parent has the rights to take a child anywhere within the U.S. with impunity as long as there is no custodial order or agreement. A father that is not on the birth certificate would have some difficulties, but would eventually be able to overcome that hurdle.
The key here is for the woman to make a quick and clean break taking the child with her. Once the child is in the new jdx she should seek an attorney there to obtain a custodial order. The new jdx may not be able to assert jurisdiction over the child right away, but the mother should seek to do so as soon as possible.
Contact an attorney or legal aid in the destination jurisdiction as soon as possible.
Regards,
Roger