Legal Question in Family Law in Pennsylvania
custody of 15 year old
I have been sharing custody of my
2 children for 9 years, the oldest is
21. 50/50. In January, I got
engaged, moved to north Carolina.
My 15yr old chose to finish school in
PA and stay with his dad for the time
being. I did NOT sign any custody
agreement when I moved. I have
been up to see the every month, had
Ian for a week at Easter, and had
most of the summer with him here
with me. He has decided he wants
to move to NC to be with me, he is
very unhappy being at his dad's
house. He is single, travels ALL the
time and is always scrambling to find
someone to watch Ian. I have a
stable home with a man who loves
Ian and has a great relationship with
him. I don't travel for work and
have lots of time to be with Ian. His
dad won't hear of him moving here
and stated that he will see me in
court. I guess what I need to know
since I can't even talk to his dad
about this, it only makes it worse,
what is my next step and is there
any hope???
2 Answers from Attorneys
Re: custody of 15 year old
You asked about relocating with an older child.
The parents can fight all they want but at that age the child will generally be able to voice his desire to the judge. If the child wants to relocate to be with other parent then the option is that either the father or child must travel to allow full custodial participation.
Look for a mutually acceptable alternative.
Regards,
Roger
Re: custody of 15 year old
I agree with Roger, however the judge applying the "Gruber" factors has a lot of discretion in granting your request.
There are three factors that are to be considered when a custodial parent seeks to relocate with the parties' children to another state: (1) The court must assess the potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children and is not a momentary whim on the part of the custodial parent. (2) Next, the court must establish the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it. (3) Finally, the court must consider the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent.
Good luck to you. Services available at a reasonable fee.
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