Legal Question in Family Law in Pennsylvania
UCCJEA question: Ex-husband and I share legal custody. He currently has physical custody. PA has jusidiction. Last custody order was June 2008. I live in GA and he moved to TX 10 months ago without any notification. He has ignored custody order. He has refused me ANY visitiation and I have limited, inconsistent monitored phone contact.
Should I file contempt? Modification? In PA or Texas?
Thank you so very much for any suggestions!
2 Answers from Attorneys
If the child lives in PA then jurisdiction is PA.
{John}
Wait - you say ex-husband moved to Texas but PA has jurisdiction. Do you mean that PA was the home state of the child but now the child is in Texas?
If that is the case, register the PA order in Texas. I do not know Texas law, but generally the UCCJEA lets you enter and enforce the order. To get it modified, PA has to relinquish jurisdiction. My guess is that they will because the child has been gone and you do not live there anymore. The alternative would be for you to go back to PA to get the order enforced and I am guessing that you do not want to do that.
You only file modification if you want to change the terms of the order. Since both of you have moved, you might want to re-visit the terms, since visitation every other weekend will not work in light of your geographic distance.
Talk to a Texas family law attorney about registering, enforcing and modifying the PA order.
Othewise, if the child is still in PA, then you will have to get the contempt and modification done in PA.