Legal Question in Family Law in Pennsylvania
Relocating Out of State
I have had custody of my children for 12 years. They are 16 and 12. A custody agreement was put in place 2 years ago. For my own health reasons, my current husband and I would like to relocate to the state of Florida with the children. I have a sister, brother in law and nephew there, and my parents, their grandparents, are preparing to move there. My grandparents have been the sole source of dependable familial support for the girls with the exception of my husband and myself throughout their lives. The current custody arrangement gives birth father every other Thursday evening, which he does not use, and every other weekend, on which he only takes the youngest child. A child support order is also in place, but he only pays sporadically when forced, and is currently approx 12,000 in arrears. I would even be willing to sign off on past and future child support, which would give him the financial means to visit them at least once a month in Florida. What are my roadblocks? What steps should I take next. I have not yet approached him with the matter, as he has a very unpredictable and violent temper. Please advise what I should do, or if there is anything at all I can do. Thank you in advance for your help.
1 Answer from Attorneys
Re: Relocating Out of State
In Pennsylvania, unless you have a provision of your custody order specifically prohibiting it, you are technically permitted to relocate. However, this usually would put you out of compliance with the current order - for instance, if mother wishes to move to California with the children and Father, who has weekend custody, would remain in Pennsylvania, Mother's failure to make the children available at the ordered place for weekend visitation with father would put her out of compliance. You might therefore need to seek a modification.
Similarly, Father is entitled to challenge your intention to move. This would bring about a custody hearing on the issue of relocation. There are specific legal requirements to be met to prove your right to relocate over Father's objection. You would need to be advised by an experienced Domestic Relations Attorney as to your particular circumstances.
Ilene Young, Esquire/ Civil & Family Practice/215-444-0445
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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