How does custody workif you live in one state but are a resident of another?

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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 11 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.  


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