Legal Question in Family Law in Pennsylvania

Yes they can get a divorce. If both spouses consent, they can be divorced in 90 days. If one party does not consent, then the parties have to live separate and apart for 2 years prior to divorce.

If there is no custody order entered, either party can take the child. However, the party who wants custody should bring an action for custody of the child. Child custody is comprised of legal and physical custody. Legal custody is almost always joint barring unusual circumstances. As to who will get physical custody, that will depend on the best interests of the child. I don't know the age of the child, if the child can express a preference or any other factors.

The man needs to see a family law attorney in the county in which the parties live and the child resides. Pay an attorney for a consult to review the particulars of your case.