How does custody workif you live in one state but are a resident of another?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How does custody workif you live in one state but are a resident of another?
I currently reside in a state to go to college, though I am not a resident there. I’m a resident of another state 21 hours away. I am now pregnant with another student’s child and he is also not a resident of this state but of a state 30 minutes away. He is currently trying to file in the state we are going to college in before the child is born. I am now going to home for the time of my pregnancy and he is filing to stop me, stating that going home is being a unfit mother.
Asked on September 27, 2011 under Family Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This is really not an easy question or topic to deal with. You are really temporary residents for the purpose of going to college and you are not permanent residents of the state in which you go to college. A court would not have the ability to stop you from doing anything here. He has to file for custody and visitation in the state in which the child resides but the child is not born as of yet. Leaving to go home is not being an unfit Mother - yo are not yet a mother so how can that be. He is just afraid of losing any rights here or any right to the rights. You two need to sit down with other adults that you trust and work out a plan. Going home to have the baby sounds like a good start but he is obviously against it. So maybe you should both seek help to establish some ground rules between you in a legal fashion. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.