Legal Question in Family Law in Pennsylvania
military transfer
My husband is active military. I am custodial parent of my 10 year old son. His father has visitation rights every other weekend. If my husband is transferred, can my ex prevent my son from moving out of state with us?
1 Answer from Attorneys
Re: military transfer
Quick answer is maybe. It depends on the circumstances and he may be able to successfully raise this issue with the court. Make no mistake about the semantics here. Because your son is a minor the father is not making a claim preventing the son from moving out of state, he would make a claim preventing YOU, the custodial parent, from moving out of state with your son.
Often the court will give the option of leaving without the child or staying with the child. If there are overwhelming factors in favor of your maintaining custody over your ex then the court may weight that choice. But courts are loathe to allow one parent to cause a graeter rift than necessary between a non-custodial parent and child.
Your first stop should be the JAG office assigned to assist with family matters. After that you will probably need to engage local counsel.
There are many ways this could play out so the best way is to handle this preemptively. If you get orders then set up an agreement to forestall the inevitable dispute whether that means longer periods of custody or you absorbing travel expenses.
Good luck and regards,
Roger Traversa
email: [email protected]
PS: Remember me for all your business or personal legal needs.