Legal Question in Family Law in Pennsylvania

My husband and I would like to relocate from PA with my son (12 1/2 years old). The child's bio-dad will not budge on the custody aggreement even-though my son has refused to see him for 3 months. My son have been very clear in stating his wish to relocate.

Is there a way for my son to get free court appointed legal representation (not the "He paid for--I paid for" lawyer battle we have done many times before)?

Is he not old enough to decide where he lives??

thanks


Asked on 1/13/10, 4:30 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Why does your son need legal representation? You would notify dad of your intent to relocate. If Dad doesn't agree he can file a petition to object to you from relocating. The court most likely would use the Gruber Factors to see if relocation would be in the best interests of the child.

I wonder why Dad hasn't filed a contempt petition against you for not seeing his son.

Unless both you and Dad are indigent someone is going to have to pay for the GAL. If not you and Dad who would you propose to pick up the GAL's fee?

As to whether your son is old enough that's up to the judge. Generally by age 12 the child is at least heard. There is no bright line age when the child's desires become something the court will adopt.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 1/19/10, 5:50 am


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