Legal Question in Family Law in Pennsylvania
Moving out of state (non marriage custody battle)
I am currently pregnant. I am attempting to patch a marriage in WA but am expecting from someone I was seeing during a seperation in PA. If I move out of state now (baby due in april) what will happen when he files for custody? Who will have to travel for court dates? And if he gets joint custody will they force me to move to back Pa because the baby will need me as an infant (breast feeding)?
1 Answer from Attorneys
Re: Moving out of state (non marriage custody battle)
In Pennsylvania a child born of an intact marriage is presumed to be the husband's. This is an irrebuttable presumption for the most part, Some exceptions are if the husband is incarcerated or can prove he was impotent.
The next question why do you feel he is going to file for custody? Especially since even a DNA test saying he is the child's father might not do him any good.
If you have any questions feel free to contact me. The initial consultation is free.
{John}