Legal Question in Family Law in Pennsylvania
Moving out of state
Hi, I have sole custody of my 5 yr old daughter and my ex husband only has supervised visitations which he has made little effort to participate in. I am remarried and my husband and I would like to move to N.C. Since he only has supervised visitations and signed his custody rights to me, do I still need the courts permission to move out of state? It would be a financially profitable move and my daughter is 100% compliant. Thank you.
1 Answer from Attorneys
Re: Moving out of state
You need to check your existing custody order to see what notice if any you need to give him that you are moving.
He has the right to challenge your moving your daughter out of state. If he doesn't do that in a timely manner then he waives the right to a hearing.
There's are a set of factors the court is to apply called the "Gruber Factors". It still boils down what is in the best interest of the child.
If you have any questions feel free to contact me. The initial consultation is free.
{John}