Legal Question in Family Law in Pennsylvania
Moving kids out of state
I am currently 32 weeks pregnant. I
have three children with my ex. I am
the custodial parent and my house is
firclosing. I am unemployed, laid off
last November. I am having a. C-
section on July 7th. I have no family in
the area and I have to sell my home
to pay off the bank. I have no money
and no where to go except my sisters
home in Ohio. My ex says he will fight
me so I am going to file a motion with
the court to get the custody
agreement changed. I have offered
more visitation to the father than what
he has currently and also said I would
drive them in every other weekend for
him to see them like now. If I file the
motion and leave because I have no
where else to go will the judge make
me return the children. If the children
have to stay with him until we get into
court will it make it hard to get my
children back?? I need to know exactly
what to do. I am not trying to take the
children from him but I literally don't
have anywhere else to go. I also have
full support of the childrens counselor.
The father has continually made issues
of them being in counsleing and has
not partaken in any of their schooling
as well. Please tell me what my options
are.
1 Answer from Attorneys
Re: Moving kids out of state
You would file a petition to modify custody not a motion.
The petition will be decided on what are known as the Gruber Factors. This is a specialized test to see if moving the children will be in their best interest. The test looks at a number of things. The biggest is whether the custodial parent will be better off financially due to the move. Other factors are whether alternative means are available to maintain a relationship with the non custodial parent, and that the move isn't motivated to harm the non custodial parent's relationship with the children.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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