Legal Question in Family Law in Pennsylvania
Can I move to another town in the same state two hours away?
My Husband wants a divorce We decided that he keep the house because I can't afford it we have two children and I had back surgury recently I told him that I would like to move back to Altoona because allthat is here is his family he said he would make it that I can't move that I have to stay in the same town as him, I can make abetter life for me and the kids in Altoona can he keep me from moving? I told him I would meet him half way when it was his time to see the kids.
2 Answers from Attorneys
Re: Can I move to another town in the same state two hours away?
The answer depends on the facts of your specific case and how well your attorney is able to persuade a judge that allowing you to move would be in the children's best interest.
Good luck to you.
Re: Can I move to another town in the same state two hours away?
There has been a set of factors call the Gruber factors that a court looks at when there is an out of state move. These factors have been applied to moves with in the commonwealth when the move is to another county. Especially when that county is distant from the current residence.
If you move with the children he can object either prior to the move or shortly there after.
If you can prove by a preponderance of the evidence that its in the best interest of the children to move you get to take the children with you.
This assumes you already have a custody order. If you don't its time to get one.
If you have any questions feel free to contact me, the initial consultation is free.
{John}