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Child custody while still married

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Renee263

Junior Member
What is the name of your state (only U.S. law)?
Pennsylvania

My brother and his wife have 14-month-old twins. They haven't been getting along for sometime now and she is wanting to separate. He is willing to try marital counseling, but she is not agreeable to that. She wants him to leave and his concern is, does leaving voluntarily to make her happy look bad for him when filing for joint custody? Does she have the right to keep him from seeing them until the paperwork is filed? If he files for joint custody, how long will it take? Can he start the custody process while they are still married/living together? Any advice is appreciated. Thanks.
 


stealth2

Under the Radar Member
He could suggest that *she* leave the marital home. Without the children.

Really, he is under no obliation to leave absent an order requiring him to. I would suggest he stay put until there is an order. Alternately, he could file himself and ask for HER to be ordered out, leaving the children in his custody.

ETA: And it would be better for him to come and ask his questions - under his own account. Thanks.
 

Renee263

Junior Member
Thank you for your answer. I'm just trying to help him out a bit. I did read the newbie rules about how he should be the poster, but they don't have a lot or any money really so no computer and no internet, so I thought I'd do the post. Thanks again, and I'll try seeking answers elsewhere for him.
 

TheGeekess

Keeper of the Kraken
Thank you for your answer. I'm just trying to help him out a bit. I did read the newbie rules about how he should be the poster, but they don't have a lot or any money really so no computer and no internet, so I thought I'd do the post. Thanks again, and I'll try seeking answers elsewhere for him.
No cellphone with Interwebs access?

And most, if not all, public libraries have computers WITH internet access available to their clients. :cool:
 

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