Legal Question in Family Law in Pennsylvania
Child custody rights
My Fiance's ex. has custody of their daughter, and ignores the divorce agreement pertaining to her rights with her daughter. One of these states each parent must inform the other if they are traveling outside the state. He has recently taken the daughter not only out of state, but out of the country (to Mexico) w/o my fiances permission. She recently submitted a request for summer vacation with the daughter, and he refused to allow the dates, b/c he said he needed to review the itinerary prior to allowing it. He is leaving the state, w/o my fiance's permission with the daughter. Can we get a court order not allowing him to leave the state unless my fiance's okay's the trip? This has to happen quickly, so is there also time for something like this? the daughter is 17 years old, 1 year away from being emancipated.
1 Answer from Attorneys
Re: Child custody rights
If you don't already have an attorney, get one. Allow him/her to look at the specific agreement.
According to what you wrote the parties don't need permission to take the daughter out of state but only need to "inform" the other parent.
As to out of the country travel, a sole parent travelling with a child must usually provide proof that the travel is with the permission of the non-present parent or that the other parent is non-custodial. If the one parent is non-custodial then the parent does not need permission to travel with the child.
It seems like your tif is about a semantic problem that doesn't exist. You're expecting permission when all that is required is knowledge. It doesn't matter what the non-custodial parent does with the child as long as it is within the bounds of law or court order.
You need to speak with a family law attorney near you to negotiate the dates you would like to have the daughter. The custodial parent doesn't need to approve anything unless it involves travel outside the U.S.
As to a court order preventing travel with the child, you can try but such an order is a longshot against an otherwise responsible custodial parent.
Regards,
Roger Traversa
email: [email protected]
But again
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