Legal Question in Family Law in Pennsylvania

Relocating out of the state with children

Is it illegal to take children to another state if you have joint custody? Do we need permission from the other parent? I currently live in Pa, but wan to relocate to Ga. The other parent lives in NJ. He does see them every other weekend. He normally gets the children for the summer, and then I have them for the school year. Do I need to get them registered in school in Ga first before they go to NJ for the summer? I am afraid if I send them with their father for the summer, he will try to get them registered in NJ schools and not send them back once summer is over. Please help. I am very confused as to what to do. I am moving to Ga because of my husbands job and we were able to buy a brand new home. Better schools for my children are there and I have friends and family in Ga also. So my children will still be around family members. My oldest son is 16 and the other child is 11. Please help me with the legal advice pertaining to my situation. Thank you.


Asked on 6/24/08, 10:33 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Relocating out of the state with children

Its not illegal. However, the non custodial parent can challenge the move up to 6 months after you've moved. Besides your current order most likely requires you to notify him 60 prior to moving more than 50 miles.

To avoid that you need to ask the court to modify the order so that you can relocate the children. The stand used are the Gruber Factors. A specialized form of the Best interest of the child standard.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 6/24/08, 11:07 am


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