New Castle, PA asked in Child Custody and Family Law for Pennsylvania

Q: Im moving from Pennslyvania to Texas in a few months and I want full custody of my child? Is it possible and if so how?

Shes currently pregnant and I'm going through the daily unnecessary stress of knowing if she even is and if the child is even mines. She comes up with excuses everytime when I ask to see if she's made an appointment for our FIRST sonogram (she's close to 2 months by now, if she is). She makes excuses everytime I ask her to go to the hospital with me to get a pregnacy test. I've found drugs in her apartment. She has two current open cases. She has no reguard to my feelings when she leaves, and not to go to work. Shes constantly moving from home to home. As a man who's been through foster care, I DON'T want my child to experience any of that nonsense. I want full custody. I want to be the best parent to my child and I strongly believe that if she is pregnant and has my child, the child won't have the best quality of life.

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2 Lawyer Answers

Kathryn Hilbush

  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: The bad news is that you can't take action regarding custody until the child is born and your paternity proven. You should consult with an experienced family law attorney in your area concerning your options and steps moving forward.

Karen Ulmer Pendergast

  • Divorce Lawyer
  • Langhorne, PA
  • Licensed in Pennsylvania

A: You will need to first establish that you are the father. You may face many hurdles as the office that handles Children and Youth cases may take the baby if the baby is born addicted and they may not be aware that you are possibly the father. Your question does not indicate where she is living or why you are moving. You will want to be in contact with whatever the agency is that handles Children and Youth claims as well as the hospital where the baby is born so that they know who you are and that you are alleging to be the father. You will need to file a Petition for Paternity and Petition for Custody but the paternity will have to be heard first to establish if you are the father. If you are not the father, you will have no legal rights.

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