Legal Question in Family Law in Pennsylvania
parental rights
My son and his girlfriend have a baby. she left him yesterday and took the baby, after numerous threats to do so. My questions are: does my son or my wife and I have visitation rights? Does my son have costody rights?
facts:
My sons name is on the birth
certificate.
We are not sure if he is the father.
They are not married.
Is she allowed to leave the state with the baby?
1 Answer from Attorneys
Re: parental rights
A number of issues are presented. If his name is on the birth certificate, he is the presumptive father. He can petition the court to determine paternity by DNA testing. There is a presumption of equal custody in Pa. Therefore, he has the same rights to custody as the mother. You may also have grandparent custody rights under certain circumstances. She may leave the state with the child. HOwever, he can file an emergency petition to stop this, if he does not think mom is going to bring the child back or if mom does not bring the child back when scheduled.
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Jim
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