Legal Question in Family Law in Pennsylvania

wife left husband has child

wife left husband has 18yr old with her. husband is home with 16yr old. can husband file for abanoment and full custody and child support. can husband change locks and not allow wife access to home or contents. wife took personal belongings been gone for 5 days.


Asked on 3/14/08, 12:09 am

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: wife left husband has child

Based on your facts:

Can husband file for Abandonment?

No. He could file a divorce using the grounds of 1 YEAR abandonment of marriage so that will have to wait for another 361 days, (wife been gone 5 days)

Can he file for full custody?

No. He has de facto primary custody. If he files for a custody order then it will address who has legal and physical custody.

Can he file for child support?

Yes but if she has one child and she has 1 child nothing will be awarded.

Can husband change locks?

Not if the house was purchased during the marriage whether her name is on the deed or not. Husband could file for exclusive possession as par of a divorce action.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 3/14/08, 7:17 am


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