Legal Question in Family Law in Pennsylvania

My sister is a nervous wreck. She is extremely upset because she has recently found out that she can not relocate without approval from her ex-husband or a court. The reason that this is difficult is becasue her ex-husband was recently (Jan of 2011) released from prison. He was convicted of hiring and arranging for her murder and her new husbands murder. Her ex-husband hired three people to shoot over a hundred rounds into her home where she resided with their two children. (The children were not at home, they were actually visiting with him that weekend as was his weekend for visitation). She is due to graduate from college this semester and would like to relocate because she is in constant fear for herself and the children. Her ex-husband has in the past told her and our whole family he would kill her and the kids before the kids would stay with her alone. She is also afraid that he will try to leave the country in some way with the children, he is from Pakistan and his family is VERY wealthy. She was planning to be able to relocate prior to his release, however he made early parole (even though we had more then 20 letters written from family, friends and associates why it would not be a good idea). Her ex-husband has just this week requested a hearing to have visitiation with the children (which is absurd), but the worse is that he has moved only one and a half miles from her home and she now wants to relocate for fear of their safety. Also she plans on starting a new career and it would be a great opportunity for the family to move. How does this new law regarding permission to relocate affect her and would the fact that his past crime and the safety of her and the children be considered. We do know that he is even more angry with her now, because she has remarried and has a new baby, which we were told he will "send the baby to hell where it belongs." She petitioned for a new PFA, however she was told since his release he has not done anything illegal and a PFA cannot be issued. However, we do know that he is trying to Psychologicly intimidate her. By moving closer, having his new girlfriend place her children in the same daycare so there is contact when children are dropped off or picked up, there is even the suspicion of the childrens school bus being followed and watching them from a distance. He is a very smart man, he has a masters in Psychology, he knows how to work the system, and has probably learned more form being in prison. What can be expected at this pont and what is the smartest move she can make at this point. She can not afford an attorney, as her child support from him is still only one dollar a month (because no income earned while in prison). she does have an attorney through Dauphin County Women in Crisis, however the attorney said that she does not think the new law is going to help her and that she may be stuck in the same neighborhood if her ex-husband does not agree with her relocating with the children. The children are now 14 and 11, neither wish to see their father because of what happened. And they are also in fear for their mother and new brother. Please help, we are all so scared for her and the system does not seem to be working and is now putting her and the children at a great risk. Again PLEASE PLEASE PLEASE someone help, before it is to late. Thank you, Kimberlee ( Loving her sister, nephews and niece in PA)


Asked on 3/09/11, 11:39 pm

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

The best thing she can do is to get an attorney. She absolutely needs to have someone who can present her case in court. If she can't afford an attorney, then I would suggest that she contact her local bar association or local lega aid.

Secondly, the court will take a number of factors into consideration when determining whether to permit a relocation and the court will also look at this criminal record (although that may be only one factor in many)

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Answered on 3/10/11, 7:41 am


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