Re-location question (Pennsylvania)

[dad4457]

What is the name of your state - Pennsylvania

My ex-wife wants to relocate the kids about an hour and half away and I do not agree so I'm starting to build my case for our scheduled court case set in a few months.

Even through nothing is even discussed in the courts shes telling the kids (5 & 7) that they are moving. She also promising them - a puppy, trampoline, and a bunch of other crazy stuff if they move. Its totally transparent that's she trying to sway their opinion to favor the move and I'm sure any court will see right through it.

My question is, at what age (in Pennsylvania) do the children have a say in where they want to live?

I know the kids want to stay here where they have lived all their lives and went to school but I'm sure, like with all little kids, there is a tipping point as to what you can promise them until they break.

 

[Ohiogal]

What is the name of your state - Pennsylvania

My ex-wife wants to relocate the kids about an hour and half away and I do not agree so I'm starting to build my case for our scheduled court case set in a few months.

Even through nothing is even discussed in the courts shes telling the kids (5 & 7) that they are moving. She also promising them - a puppy, trampoline, and a bunch of other crazy stuff if they move. Its totally transparent that's she trying to sway their opinion to favor the move and I'm sure any court will see right through it.

My question is, at what age (in Pennsylvania) do the children have a say in where they want to live?

I know the kids want to stay here where they have lived all their lives and went to school but I'm sure, like with all little kids, there is a tipping point as to what you can promise them until they break.

11 or 12 may be when their opinion is given some weight HOWEVER they don't get to choose until they are 18.

 

[stealth2]

No one's going to let a 5 & 7 yo decide where to live.

 

[mechdad]

I also live in Pa and when my ex tried to move an hour away our 8 yr old was never even asked his opinion.

 

[CJane]

"Where they've lived all their lives" with kids that young is virtually irrelevant, as is their wishes.

So, what you'll need to do, since PA is a "burden of proof" state (and there's no presumption for or against relocation).

"Split burden of proof (generally requiring party who seeks to move to show good faith reason for move; burden then shifts to party opposing move to show why the move is not in the child’s best interests): 6 states (AL, CT, NV, NH, NJ, PA )"

(The above from http://www.ncdsv.org/images/overviiew%20of%20relocation%20in%20the%2050%20states.pdf)

So, basically, if Mom can show that her relocation is in good faith - usually meaning that she's not moving away in an effort to thwart your relationship with the children - then it's up to you to show that the relocation isn't in the kids best interests.

What's the current time split?

 

[dad4457]

What's the current time split?[/QUOTE]

in the summer its 50% / 50% - we transfered them every Sunday night at 6:30. During school months, its like a 60% her / 40% me split.

 

[CJane]

in the summer its 50% / 50% - we transfered them every Sunday night at 6:30. During school months, its like a 60% her / 40% me split.

So IF her relocation was approved, since it's really a minimal distance, you could easily maintain your summer split and move to more like every extended weekend from school and 3 weekends/month. Something like that?

 

[mechdad]

Ok I am looking at the Pa custody laws that went into effect Jan 2011 that my lawyer gave me when my ex tried to relocate and I think Cjane is mistaken. The section on Burden of proof reads as follows -

(1) The party proposing relocation has the burden of establishing that the relocation will serve the best interest of the child as shown under the factors set forth in subsection (h). ( I have that section also but not typing it up I'm sure it can be googles)

(2) - Each party has the burden of establishing the integrity of that parties motives in either seeking the relocation or seeking to prevent the relocation.

Unless I am mistaken and as it was explained to me by my attorney your ex has to show that the move is in your child's best interest and you just have to show that your not trying to stick it to your ex and just want what's best for your kids. I also would like to add that with my relocation case the fact that my son had lived in this area his whole life at 8 yrs old and was in school here was a significant factor to not allowing the move.

 

[mechdad]

Found a link.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.037.000..HTM

 

[CJane]

Found a link.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.037.000..HTM

Oh, good. Then it's been updated slightly.

So consider that Mom is going to argue status quo. She already has primary custody - your time can remain substantially unchanged in quantity, even if not with the same schedule.

 

[mechdad]

In my case it all came down to why mom wants to relocate. Do you know her reasons or why its best for the kids. In my case our timeshare would have been essentially the same but mom's reasons for relocating had nothing to do with our child and only had to do with her. Therefore, court ruled that she could not move with our child and if she were to move there would be a change in primary.

 

[mechdad]

I had good reasons for not wanting him to move but I barely even touched on them. Once mom's reasons were heard she was shot down.

 

[dad4457]

Thanks for the age answer. I dont want to give to much info on my pending case...

 

[stealth2]

Thanks for the age answer. I dont want to give to much info on my pending case...

Then there is little else we can help you with.

Good luck.

 

[dad4457]

Then there is little else we can help you with.

Good luck.

Thanks - I'll be around this fourm for a long long time - at least another 13 years...