Philadelphia, PA asked in Child Custody, Child Support and Family Law for Pennsylvania

Q: Is it possible to file for custody while pregnant?

I am pregnant with my first child and ended things with the father. I asked if we could come to an agreement between the two of us vs going to courts and he is now threatening to go for custody. He cannot take care of himself, he does not support himself. He lives at home with his parents and blows his paycheck on weed. His mother is very supportive of me and said it was good I left. I want to keep this out or courts because I don’t believe it will rule very well in his favor and I want him to have the ability to see his child whenever he wants. The problem is that he cannot provide and has unrealistic views of what raising and caring for a child looks like. He views this child as a possession to have instead of a human being to take care of. His inability to be a good partner has zero reference over his ability to be a good father, but at the moment I am truly just concerned for my child’s well-being when it is born and he is not one who can care for them. What should I do?

1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: No, you cannot file for custody until after the baby is born. You're lucky that his mother is supportive of you. She can be your greatest ally if you make sure that she sees her new grandbaby. I suggest that you consult with a local family law attorney for guidance.

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.