Legal Question in Family Law in Pennsylvania

I have a girlfriend who lives in Pennsylvania. She filed divorce from this guy March 11, 2009, but her husband refuses to sign the papers. She has 3 children, 1 of the children is her husband's. Their ages are 7, 4 & 3. They do still live in the same house in order to help with expenses & because frankly, she has no where else to live. He's emotionally & verbally abusive to her & the children & even locked her down in the basement for a few hours on time! He's been in/out of jail several times on misc charges but always seems to get out.

She wants to move to Indiana - my question is this: Can he charge her with 'kidnapping' the kids (or at least the 1 child that is his)? This of course if a huge concern of hers.

She knows it's PA law that she'll have to wait 2 yrs before the divorce is final since he won't sign the papers.

Another question: If she does move to IN, will that 2 yr waiting period change? I mean, just because she moves, that doesn't mean she has to re-file the divorce or anything like that, right?

Thank you so much - I hope you can give us some answers ASAP.


Asked on 1/22/10, 12:58 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Sound like she could get exclusive possession of the house either by a petition for special relief as part of the divorce action. Or as part of a Protection From Abuse Order.

As to whether it would be kidnapping? Well is there a custody order? If not why not?

If she moved and there is no custody order then she can move but he can object and maybe make her and move back.

Once the divorce is filed it can remain in PA. The 2 year waiting period doesn't change. Besides even if she wanted to file in Indiana the soon to be ex husband would have to consent because the Indiana courts lack personal jurisdiction.

If she doesn't have a lawyer in PA it might be time to get one. There seem to be a lot of other issues you've missed. That said SHE needs to do it. It is HER legal problem and she will need to be involved to solve them.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 1/27/10, 1:24 pm


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