Legal Question in Family Law in Pennsylvania
I live in PA. I am a woman with a girlfriend. She is scared to move in with me for fear that her ex husband will challenge their custody agreement of their 7 yr old son and try and take him from her. I should add we are both married and are divorcing our husbands to be together. I also have children, but my husband would never try and take them. Is there legal ground in PA for her to lose custody because of this?
1 Answer from Attorneys
Her ex could file for custody. Either parent can petition the court at any time to seek a custody order or modify a custody order. The court uses a "best interest of the chld" standard when determining who should get or retain primary physical custody of the child. Moving in together, assuming there are no issues with the home, should have no bearing on the outcome of a custody action.
Howevver, it should be noted that you may not be entitled to alimony once you cohabitate with her. If you have an attorney for your divorce, I would suggest that you run this by him before taking any action. If you don't have an attorney, i would suggest that you retain one to advise you of your rights and options with regards to the divorce and to get a custody order established.
Justin C Gearty Jr
717-490-6325
http://www.geartylawoffices.com
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.
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