Legal Question in Family Law in Pennsylvania
Moving children out of state
I have been separated for over a year, the divorce has been filed, but nothing else has been done towards that. Custoday has been agreed to. I have full physical custody with him having visitation. We have joint legal custoy.
Child support has not been done, we go to Court in March. He is trying to hide his money, he is self employed and does some sketchy things, like not file taxes for years. I want to find out my right to move to another state, North Carolina. I am involved with someone who lives there and has 4 children that live there. In the event that we do get married, what would be my rights to move? He has a very good job that is based out of North Carolina and would support us. I currently work, but probably would not if I moved down there, or perhaps would get a job.
2 Answers from Attorneys
Re: Moving children out of state
The test in PA is if the move isor is not designed to deny custody. You should speak with a lawyer to discuss all the issues involved. I offer free consultations.
Re: Moving children out of state
The burden is on you to show why it would be in the childrens best interests for you to relocate with them out of the state. You need court permission to relocate. The courts often grant relocation where a party is moving due to employment or health reasons and can prove that the kids will have a better life there. Also, the court would have to be convinced that you are not moving in order to deny the father his rights to see the children, and you will have to come up with a acceptable plan by which the father could see the children should the court permit the move, ie. his having most if not all of the summer, holidays, vacation time. Also, as you are the one moving, the court may find that you are responsible for arrangin the transportation of the children back for their visits, and may be responsible for the cost also. It is a lot to consider before making the move.
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