Legal Question in Family Law in Pennsylvania

Re: Leaving state with children

The father of the children will have legitimate grounds to seek to require the mother and children to remain in Pennsylvania opending a determination of final custody and visitation. This is, however, a matter of Pennsylvania procedure and law.

"Mere unhappiness" is not the best reason for a mother to decide to move her children hundreds of miles away from their father, and the court system s discourage such moves. You may be in for a long wait.

Re: Leaving state with children

Should the mother seek to up and move the children away, the Courts of Pennsylvania will still have jurisdiction over the children for quite some time. Moreover, if the father retains counsel, he will likely be awarded legal custody of the children and a kidnapping warrant will issue.

Custody issues are determined based upon the best interests of the child, not the parent, and Massachusetts courts do not recognize moving the children hundreds of miles away from one parent as being in the child(rens)best interest absent some extraordinary circumstances. Should you wish to be closer to this person sooner, you may consider moving to Pennsylvania until the divorce is final.