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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17513
Experience:  B.A.; M.B.A.; J.D.
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I currently reside in Pennsylvania, and have been here 3 years.

Resolved Question:

I currently reside in Pennsylvania, and have been here 3 years. I work 100+ hours a week in the oil and gas industry. I have been separated from my spouse sine 2007. I get no responses from her in regards XXXXX XXXXX my wanting to file for divorce, she is an over the road truck driver, is rarely home, and now lives in New York. We have a child together, but neither of us have custody of him due to our work. My spouse felt overwhelmed by parenthood, and gave guardianship to her close family friend. I have no issue with this, as I know she is a good role model and puts his best interests first. My spouse doesn't contest the divorce, but how can we divorce without our son being brought into it? Neither of us want his life disrupted as it stands. Can we divorce without the courts bringing him into it?
Submitted: 4 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Does the friend have legal guardianship of your son?

That is, was the guardianship approved by the Court?
Customer: replied 4 years ago.
No, there was no court proceeding to validate the Guardianship.
Expert:  Phillips Esq. replied 4 years ago.

Thank you for the information.


Your Question
: I currently reside in Pennsylvania, and have been here 3 years. I work 100+ hours a week in the oil and gas industry. I have been separated from my spouse sine 2007. I get no responses from her in regards XXXXX XXXXX my wanting to file for divorce, she is an over the road truck driver, is rarely home, and now lives in New York. We have a child together, but neither of us have custody of him due to our work. My spouse felt overwhelmed by parenthood, and gave guardianship to her close family friend. I have no issue with this, as I know she is a good role model and puts his best interests first. My spouse doesn't contest the divorce, but how can we divorce without our son being brought into it? Neither of us want his life disrupted as it stands. Can we divorce without the courts bringing him into it?


Response: There is no way for you to get a divorce without bringing your son into it. Your son as a minor must be a part of the divorce proceeding. The custody and support of the child must be taken care of. Even if you and your spouse have decided to give custody to a third party, both of you are still legally responsible for the child unless you and your spouse file papers with the Court voluntarily relinquishing your parental rights to your spouse's close family friend. Obviously, the family friend must be told before hand what you are planning to do and whether or not she wants to take legal responsibility for the child with no financial support from you and your spouse.


The forms for filing the divorce and relinquishment of parental rights are available at the Courthouse in the Clerk's office. This would the Court of Common Pleas in the County where you reside:

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