Legal Question in Family Law in Pennsylvania

I have been married for almost 17 years, but left after 7 months because I was pregnant. Husband was abusing alcohol and drugs. I have a support order through NY State where my son was born, but now live in PA. The husband is in FL and has only seen my son once. Support for both of us is through NY, but the last time was over 2 years ago. He made contact with me this week and has agreed to sign divorce papers and relinquish his rights. Can I draw up papers myself and have him sign (notarized) and file them in my courthouse and be legal? My current boyfriend of 10 years wants to adopt my son.


Asked on 11/17/10, 6:11 am

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

The short answer is NO!

1) The children's father can't just give up his rights, one because it terminates his duty to support the child a duty he owes to the children not you.

2) You have to file a petition with the court to get divorced.

3) Do you understand that a notarized signature only means that the person who signed it is who they claim there are.

4) If he's good enough to adopt your son then why not marry him first. It will save you from having to adopt your own son once you married to their new father.\

{John}

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Answered on 11/22/10, 9:43 am


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