Child Custody

[dshank4]

Jurisdiction

Pennsylvania

Hey everyone I am in my first year of law school and had a question posed as an assignment that I was hoping to get some help on. I don't necessarily need direct answers just more a push in the right direction to where I can find helpful information. The scenario given to us is this:


1. Child Custody: Father and Mother conceived Daughter together. They are not married. Father marries another woman who wishes to be a mother, but is unable to bear children. Mother is unhappy because she is jealous. After a few loud arguments, Father obtains a Protection From Abuse Order barring Mother from contact with him for a period of one year. Mother gives birth to the Daughter. Father wants to see his Daughter and invites Mother to his house. After she arrives, the police are called. Mother is arrested for violation of the PFA Order. Police advise Father that since he is the biological father, and there is no extant custody order, that he should keep the child while they take the Mother to jail. A custody proceeding is then commenced (it is irrelevant who files). With only this information, can you make a prediction of who will win primary custody and why? Are there any Statutes, Rules of Court or Court Opinions which support your position?

Any help at all would be greatly appreciated. Thanks for reading!

 

[army judge]

Here's a hint: Upon the birth of a child born without benefit of marriage, custody is vested solely in the birth mother.

An unmarried male who alleges he's a father must go to court, petition for VISITATION, prove paternity by genetic testing, and the court must issue an order declaring him to be the legal father of the child.

A newborn baby needs things a male can't provide, generally that's nursing if the child is breast fed.

Courts recognize the immediate bond between mother and child upon birth.

The bond between father and child isn't generally as strong immediately.

Women carried the child in their bodies for almost a year.

It's rare the court would award custody to a male who hasn't established legal paternity.

I doubt the police would simply leave the baby with the man.

Police would leave that decision up to child services.

 

[zddoodah]

With only this information, can you make a prediction of who will win primary custody and why?

I agree with first two paragraphs of "army judge's" response, but that only provides the starting point for this question. I also disagree that it's not relevant which person commences the custody proceeding, but maybe you're supposed to assume that the other person did not default. Beyond that, the answer to this question is no, because there's not enough information. If I were you, I would research statutes and cases that discuss the things that courts consider when deciding custody issues.