Q: How do I handle custody if we are separated and he is in another state?
My husband left me for another woman and told me to fly back to Pa to live with my family or I would not have a home anymore (he was kicking me out) so I did. He then moved to another state with the same woman and now I’m trying to figure out how custody will most likely be handled after the divorce is final. Will I be able to keep sole custody and somehow still give him visitation so that he can still be a part of our daughters life without much complication?
A:
Initially, who has the child now? Wherever the child has resided for the past 6 months, THAT'S the state that has jurisdiction over child custody matters. If your daughter is with you in Pennsylvania, but it hasn't been 6 months here yet, but the child WAS previously in your former state for at least a 6 month period prior to your move, then your former state has jurisdiction. If your daughter is with you in Pennsylvania and you haven't been here for at least 6 months yet, I suggest waiting until at least 6 months have passed and then you can litigate any child custody issues here in Pennsylvania. That's much more convenient for YOU.
Now, when parents live in different states, custody can take on various forms depending on the age of the child and the distance between the parents (as well as other factors). If two different states -- but you each are just over the state line, like only 15 minutes away from each other -- then the interstate reality doesn't much affect the ability of the noncustodial parent to see the child. If the child is not of school-age yet, then it's also much easier to have a longer visitation period for the noncustodial parent because weekly school attendance isn't yet an issue.
The upshot, however, is that you should sit down with an experienced family law attorney and discuss your situation. All custody cases are extremely fact-sensitive, and no two situations are alike. Talk to someone, and then hire them -- it will be worth it in both the short- and long-term for both you and your daughter. Best of luck to you.
Ryan L Hyde agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
