Legal Question in Family Law in Pennsylvania
relocation
Never been married to my first child's father. My husband of 5 years is being transferred for work to South Carolina from PA. My child's father sees her every other weekend (Approx. 52 days a year or less). Is there any chance that I can move to a state so far away with my child? If so, how would I go about that? I have custody, he has partial physical custody, but we have shared legal custody. What should my first step be? Do I need written permission from her father?
2 Answers from Attorneys
Re: relocation
In long distance situations the easiest way is for the primary custodial parent to have the child during the school year and the secondary parent to have the child for the summer. This works out to approximately 60 gays a year for the secondary parent. If the parties are agreeable a stipulation can be signed by both and filed in a joint petition to modify custody. Virtually all joint petitions are granted. While the fathers signature on the stipulation would make things quicker and easier you could also unilaterally ask the court to grant custody in this fashion. I offer free consultations.
Re: relocation
A move to another state would make it impossible for the terms of the original custody order to be followed so, technically, you would be in violation. If the two parents cannot reach an agreement regarding the move out of state, the party who wishes to move would be at risk of the other party filing an emergency petition to prevent the move. The proper procedure in these situations is for the parent who wishes to move out of state to file a petition with the court for allowance. This would result in a new custody order which would be workable in a long distance situation. There are very specific questions the court must address in making decisions in these circumstances. You would be advised to consult with an experienced domestic relations attorney before taking any action.
Ilene Young ~ 215-348-5448
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.