Custody is unrelated to divorce, although a complaint for the same may be included in a divorce complaint. Rather, as soon as parents separate, regardless of marital status, a custody claim may be made. The only jurisdictional requirement is that the children live in the home jurisdiction for at least 6 months.
Each case is unique but what you described certainly suggests that the father should not be awarded 50/50 custody. Rather, he may have partial physical custody, generally every other weekend and one night a week, with conditions such as not driving with the children in the car.
I trust this answers your questions but do not hesitate to call or email me on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
(610) 489-3041 o
(610) 489-3042 fax
nahrganglaw.com
Answered on May 26th, 2022 at 12:14 PM