• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Relocation Case

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

asherrick7

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

The custodial parent (mother) moved in with her boyfriend - to another county, about 40 miles away. She did tell me she was moving in August but she moved the middle of June. I did not agree with the move. She is now trying to get me to sign relocation papers. We have a child support hearing in two weeks because she is trying to make me pay for an after school program. She does not work, she does however go to college and she said she needs to put our child in an after school program because she will be in college (about an hour and a half away) and cannot get him when he gets out of school. My wife is a stay at home mom to our three children. If my ex would have stayed living in this county my wife would have been able to get my son after school and keep him until my ex would be able to pick him up. My ex went to school last year while our son was in school but because her home was closer to the college she didn't have to put him in an after school program. Also, she said she will drop our son off to me at the beginning of my custody period and I am supposed to drop our son off to her at the end. The custody agreement is for every other weekend.

My questions are... can she move away without getting the relocation approved first? If I refuse to sign the relocation papers and it goes to court what are the chances of her move being denied? Is there any chance they will make her move back? Basically, what can I do?

Thanks!
 


mistoffolees

Senior Member
My questions are... can she move away without getting the relocation approved first? If I refuse to sign the relocation papers and it goes to court what are the chances of her move being denied? Is there any chance they will make her move back? Basically, what can I do?

Thanks!
Tell us what your court order says with respect to relocation.
 

single317dad

Senior Member
My questions are... can she move away without getting the relocation approved first? If I refuse to sign the relocation papers and it goes to court what are the chances of her move being denied? Is there any chance they will make her move back? Basically, what can I do?

Thanks!
The court has no right to deny her move. The court can deny the CHILD's move. This may result in a change of custody, and most likely a change in visitation schedule. In order to move with the child, Mom will need to prove that it is in the child's best interests to be moved away from Dad.

Of course, it's all up to you to fight the move. If you sign off, it will happen.
 

Proserpina

Senior Member
Per PA, if the court order is silent on the issue then Mom doesn't need permission to relocate the child 40 miles away, even if it's to a different county.

What she MAY need permission for is to transfer school districts. That's what dad needs to focus on.
 

single317dad

Senior Member
Per PA, if the court order is silent on the issue then Mom doesn't need permission to relocate the child 40 miles away, even if it's to a different county.

What she MAY need permission for is to transfer school districts. That's what dad needs to focus on.
I don't see anything about distance in the statute (new one effective January 26, 2011).

Chapter 53 - Title 23 - DOMESTIC RELATIONS

CHAPTER 53
CHILD CUSTODY


§ 5337. Relocation.
(a) Applicability.--This section applies to any proposed
relocation.
(b) General rule.--No relocation shall occur unless:
(1) every individual who has custody rights to the child
consents to the proposed relocation; or
(2) the court approves the proposed relocation.
(c) Notice.--
(1) The party proposing the relocation shall notify
every other individual who has custody rights to the child.
(2) Notice, sent by certified mail, return receipt
requested, shall be given no later than:
(i) the 60th day before the date of the proposed
relocation; or
(ii) the tenth day after the date that the
individual knows of the relocation, if:
(A) the individual did not know and could not
reasonably have known of the relocation in sufficient
time to comply with the 60-day notice; and
(B) it is not reasonably possible to delay the
date of relocation so as to comply with the 60-day
notice.
(3) Except as provided by section 5336 (relating to
access to records and information), the following
information, if available, must be included with the notice
of the proposed relocation:
(i) The address of the intended new residence.
(ii) The mailing address, if not the same as the
address of the intended new residence.
(iii) Names and ages of the individuals in the new
residence, including individuals who intend to live in
the new residence.
(iv) The home telephone number of the intended new
residence, if available.
(v) The name of the new school district and school.
(vi) The date of the proposed relocation. (vii) The
reasons for the proposed relocation.
(viii) A proposal for a revised custody schedule.
(ix) Any other information which the party proposing
the relocation deems appropriate.
(x) A counter-affidavit as provided under subsection
(d)(1) which can be used to object to the proposed
relocation and the modification of a custody order.
(xi) A warning to the nonrelocating party that if
the nonrelocating party does not file with the court an
objection to the proposed relocation within 30 days after
receipt of the notice, that party shall be foreclosed
from objecting to the relocation.
(4) If any of the information set forth in paragraph (3)
is not known when the notice is sent but is later made known
to the party proposing the relocation, then that party shall
promptly inform every individual who received notice under
this subsection.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top