Relocation case / kids residence question

[stealth2]

I just re-read those, and you got some good input on the one about the relo... As CJane commented, the distance is not so great as to be unworkable. Can still do 50/50 in the summer, and long w/es. etc during the year.

 

[dad4457]

This shouldn't be about "stuff" you can use against Mom.

correct, its more about 3 minor children sharing one bedroom if she awarded the re-location.

 

[Proserpina]

correct, its more about 3 minor children sharing one bedroom if she awarded the re-location.

Not illegal anywhere.

Might present a problem if there are local ordinances.

It's not going to matter one iota. And I'm sure that if your finances took a downswing, you'd fight tooth and nail to make sure you weren't penalized for sticking the kids in one bedroom.

Right?

 

[stealth2]

correct, its more about 3 minor children sharing one bedroom if she awarded the re-location.

Why is this an issue? Do you know how many families have to do with much less? My kids and I lived in an 800sfm 1BR, Ba home for a while. We shared the BR. All three of us. BEST place we ever lived...

 

[SmokeyParkCop]

Why is this an issue? Do you know how many families have to do with much less? My kids and I lived in an 800sfm 1BR, Ba home for a while. We shared the BR. All three of us. BEST place we ever lived...

I agree, mostly. A 2, 5 & 7 year old, the judge won't even bat an eye at...Although, when they are 13, 11 & 8 with a mix of boys and girls. That, atleast IMO, isn't appropriate.

But, i will admit i'm strange about this, i've been taking my daughter on vacations since she was about 5, just her and I and i always book a 2br condo/timeshare for the 2 of us.

 

[dad4457]

correct, its not illegal, many people live in smaller places with more people in it, eskimo familys live in igloos, heck.. some people don't even have homes.. but thats not what I'm talking about. In PA, the all mighty law of this land for relocation is Gruber v. Gruber, it basically states, you better have a good reason why you want to move, the move is going to improve the lives of the children, and the kids are assured ongoing contact with the NCP... like I said, the house is not the only reason, its only one of many... here are the 3 Gruber relocation guide rules:

1. The potential advantages of the proposed move, economic or otherwise, and the likelihood the move would improve substantially the quality of life for the custodial parent and the children and is not the result of a monetary whim on the part of the custodial parent;

2. The integrity of the motives of both the custodial and noncustodial parent in either seeking the move or seeking to prevent it; and

3. The availability of realistic, substitute visitation arrangements which will foster adequately an ongoing relationship between the child and the noncustodial parent.

(Gruber v. Gruber, 400 Pa.Super. 174, 184, 583 A.2d 434, 438-439 (1990))

 

[Proserpina]

correct, its not illegal, many people live in smaller places with more people in it, eskimo familys live in igloos, heck.. some people don't even have homes.. but thats not what I'm talking about. In PA, the all mighty law of this land for relocation is Gruber v. Gruber, it basically states, you better have a good reason why you want to move, the move is going to improve the lives of the children, and the kids are assured ongoing contact with the NCP... like I said, the house is not the only reason, its only one of many... here are the 3 Gruber relocation guide rules:

1. The potential advantages of the proposed move, economic or otherwise, and the likelihood the move would improve substantially the quality of life for the custodial parent and the children and is not the result of a monetary whim on the part of the custodial parent;

2. The integrity of the motives of both the custodial and noncustodial parent in either seeking the move or seeking to prevent it; and

3. The availability of realistic, substitute visitation arrangements which will foster adequately an ongoing relationship between the child and the noncustodial parent.

(Gruber v. Gruber, 400 Pa.Super. 174, 184, 583 A.2d 434, 438-439 (1990))

Here's the statute: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=53&sctn=37&subsctn=0


In practice, #1 is not as difficult to prove as it initially might seem.

But more importantly (for you), your big reason is essentially a non-issue. Should Mom meet her burden - and we can't even guess at that since we have no meaningful details - you're going to need one hell of a reason why she shouldn't move.

So help us help you. Did we miss Mom's reasons in the thread?

 

[TheGeekess]

Here's the statute: http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=53&sctn=37&subsctn=0


In practice, #1 is not as difficult to prove as it initially might seem.

But more importantly (for you), your big reason is essentially a non-issue. Should Mom meet her burden - and we can't even guess at that since we have no meaningful details - you're going to need one hell of a reason why she shouldn't move.

So help us help you. Did we miss Mom's reasons in the thread?

Those reasons might be in one of his other threads.

https://forum.freeadvice.com/child-custody-visitation-37/relocation-order-court-date-question-599820.html
https://forum.freeadvice.com/child-support-98/basic-support-question-pennsylvania-600586.html
https://forum.freeadvice.com/child-custody-visitation-37/re-location-question-pennsylvania-599888.html#post3205251
https://forum.freeadvice.com/child-custody-visitation-37/motions-court-question-pennsylvania-600240.html
https://forum.freeadvice.com/child-custody-visitation-37/motions-court-tomorrow-need-some-legal-help-pennsylvania-600381.html
https://forum.freeadvice.com/other-government-administrative-law-matters-103/how-do-i-serve-subpoena-local-municipality-pennsylvania-600661.html

 

[dad4457]

So in conclusion, yes 3-kids in a bedroom will be a factor but a small one.. thanks to all for the answers.