QUESTION
Father seeking to divorce and to get controling custody established in PA.
Asked on Oct 08th, 2021 on Family Law - Pennsylvania
More details to this question:
I was living in another country for 10 years. My 12-year-old son is a US citizen, born in PA. I want to have custody established in PA with his mother having custody in the summer during the school holiday as we had agreed. His mother is a Filipina, 45, She is living in California with her BF there for the past 6+ mother. She has seen her son in person for 1 day in all that time. She is not a US citizen nor a permanent resident, She is here as far as I know on a tourist visa. I want to file for a no-fault divorce in PA. and then she is free to marry her new companion if she wishes to stay in the US. I also want under the custody agreement that my son is never allowed to go back to the Philippines without my and the court's permission. I also feel she should pay some child support if she plans to stay, re-marry, and live in the US.
1 ANSWER
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As long as you’ve resided in PA for 6 months, you can file for divorce here. Once a divorce complaint is filed, you will need to serve her with a copy. Accordingly, you must have her address to be able to proceed.
Regarding custody, it does not seem as if she is interested in it, so there is no practical need to obtain a custody order. Having said that, if she will agree, you can also file a complaint for custody, or include it with the divorce, and an agreement can be filed to obtain a court order.
I trust this answers your questions, and if you live in Southeastern PA, feel free to call or email me on a free initial basis.
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Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
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(610) 489-3042 fax
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Answered on Oct 11th, 2021 at 10:09 AM