Legal Question in Family Law in Pennsylvania

Non Custodial Parent moved out of State

My ex husband moved from PA to CO after meeting a woman on the internet, he moved in w/ her after 3 months of talking never meeting but 1 time. We have 2 kids 10 & 7. He never bothered with them when he lived here, now he calls my daughters cell phone or has his new girlfriend call her. My 10yr old daughter doesn't want to return his calls. Should I make her. I did 2times so far. All he talks about is having her visit out there. Neither want to go. We do not have a custody agreement. Am I wrong to change her cell # and he will have to call me to reach her? Am I wrong to tell him to stop having his girlfriend call her. I'm afraid a judge will make me send them out to CO for visitation if it comes to that. Should I hire an attorney first in case he does? I'm afraid for my children, this woman has 6 kids and she left a total stranger move in with her and her children, I know nothing about her. And, I feel that my daughter should be able to make her own decision about calling him.


Asked on 6/13/07, 10:08 am

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Re: Non Custodial Parent moved out of State

First, petition for a confirmation of custody. The facts as you stated them tend to favor you. Its also an advantage to have the case in PA.

I would not let either child go to Colorado until an order is in place.

You should see an attorney and file ASAP.

{John}

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Answered on 6/13/07, 10:22 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Non Custodial Parent moved out of State

You asked about establishing custody in a formal manner.

You need to speak with an attorney about creating a formal custody agreement.

If a child travels to visit a parent where there is no custody agreement, there is nothing that prevents that parent from asserting parental rights and refusing to allow the child's return.

Obtaining a custody agreement, in the form of a court order will go far to prevent that.

As for visitation, that would have to be negotiated in the custody agreement.

You shouldn't knock your ex's relationship for how it started. Look at the relationship is. If it is a healthy loving relationship then be happy for him.

Regards,

Roger

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Answered on 6/13/07, 10:25 am


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