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Can he get custody?

My ex is taking me for joint custody. We live in two different states. I moved to Florida a month ago and he resides in Pennsylvania. He is filing through Pa. Does he stand a chance for the custody and is he allowed to file through Pa?

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purechaos1017

Asked by purechaos1017 at 5:58 PM on Dec. 1, 2008 in General Parenting

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Answers (7)
  • He can file in the state he resides, which kinda sucks for you because you'll have to go there. I suppose it's possible that he could get joint custody, however the judge is going to want to know why all of a sudden he decided he wanted it now rather than before.
    TheDiva320

    Answer by TheDiva320 at 6:00 PM on Dec. 1, 2008

  • I highly doubt the judge would grant joint custody if he's in a different state. That would mean the poor kid would be juggled back and forth between schools.....I would say chances are slim
    a_and_j_momma

    Answer by a_and_j_momma at 6:02 PM on Dec. 1, 2008

  • And you can argue that Penn. doesn't have jurisdiction over the child b/c the child does not reside there and ask them to move the hearings to Florida
    a_and_j_momma

    Answer by a_and_j_momma at 6:03 PM on Dec. 1, 2008

  • Even if he does file in PA, that doesn't necessarily mean you have to go there. You can have someone represent you (your attorney). My dad filed in CT and we lived in AL.
    lebrbria

    Answer by lebrbria at 6:09 PM on Dec. 1, 2008

  • The state that your child is a resident of is the one who will have juristiction over the case, unless both parents agree to give juristiction to a different court. For most states you have to live in the state for 6 months before you're a resident. If he was smart enough or got a lawyer to represent him, he could have you charged with parental kidnapping for taking the child out of state. If I were you I would start looking into family law between the 2 states and figure out the best way to deal with it. It might be best to try to get him to put it off until you've been in your state for 6 months.
    I do have a friend who moved back home to AK with her daughter and lost her to her ex living in NC, he filed 3 days before they would have been resident of AK. My older brother also has custody of his son because the mom moved out of state and the court gave my nephew to his dad because he was a resident of AK.
    Lornamay

    Answer by Lornamay at 6:32 PM on Dec. 1, 2008

  • I doubt it. He will have to prove you unfit. That is very hard to do...just look at some of the women raising kids..scary.
    salexander

    Answer by salexander at 7:35 PM on Dec. 1, 2008

  • But, if you just moved there a month ago, he could also argue that you moved his child out of state without his permission. But honestly, I would check with a lawyer about the whole thing. Good luck!
    sailorwifenmom

    Answer by sailorwifenmom at 9:43 PM on Dec. 1, 2008

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