Legal Question in Family Law in Pennsylvania
Child Custody
My husband and I are in the process of an uncontested, no-fault divorce (currently in 90-day waiting period ). He does not visit the children and has not since 1/1/2002. There is no visitation order. He does not call the children. Neither of us have custody, but he has agreed to sign papers giving me total physical and legal custody at the time of the divorce.
My question is...are there any legal ramifications of moving my children out of state at this time?
2 Answers from Attorneys
Re: Child Custody
It sounds like dad is not very interested in seeing his children.
Therefore, it is unlikely that he will object or oppose such a move. If he does
it will be quite expensive to go to the trouble of filing a custody/visitation action to
prevent it from happening. However, if he strogly opposes the move
and has the resources to do something about it, you should seek the advise of counsel
concerning the current legal standards concertning this issue. If you have good enough reasons
for moving, it is possible. Keep in mind that it would be bad if you just moved and a court later ordered you to
return, or return the child. It would be wise to litigate the issue before you moved if that is
what is going to happen anyway. Bill McLaughlin, 610-644-4545 Paoli, PA
Re: Child Custody
When an Order is established, a custodian must obtain the court's permission to remove the child from the jurisdiction. You raise an interesting question.
As a practical matter, so long as he agrees, there is no problem. If he doesn't, you are well advised to file a Petition with the Court to permit the move.
I trust this has been helpful, but feel free to call or e-mail on a free intial basis.
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