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SRDEsq

SRDEsq

Brain (3,690)

SRDEsq answer was awarded and will earn ongoing royalties from this thread.

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Submitted 39 days ago...

emrelds

emrelds

Beginner (46)

Can physical custody parent leave the state if the other parent has already left? PENNSYLVANIA

Do I need to petition for permission to leave Penn. if I have been the childs ONLY caregiver, the father has rarely shown interest (except for very scattered recently), has never attempted to financially support the child & has not been living with us for over 6 months (child is almost 2), and he has recently made a move to virginia? Am I then free to leave the current state if he no longer lives here? He did sign paternity documents at birth. There is no court ordered custody or child support.

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Answer 1 / 2 - Submitted 37 days ago...

secretagent

secretagent

Professor (1,805)

If there is no custody agreement in place, then you have the right to do whatever you wish in the state of Pennsylvania. Normally, with a custody agreement in place it would be wise to do a modification of the custody agreement just in case the father decides to be difficult, but as there is no custody agreement and the father has already left the state, feel free to move about the country.

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Answer 2 / 2 - Submitted 37 days ago...

SRDEsq

SRDEsq

Brain (3,690)

Here is the general attitude by the Pa courts:
When one parent desires to relocate - whether to another part of the state, outside of Pennsylvania, or outside the U.S. - the custody and visitation rights of the other parent must be considered.

In Pennsylvania, family courts will always put the "best interests" of the child first, and in a move away situation, they will examine the "Gruber factors" when arriving at its decision. These factors include:

Potential advantages of the proposed move: This includes the likelihood that the move would substantially improve the custodial parent and children's quality of life and that the move is not the result of the non-custodial parent's momentary whim. Is the parent moving because of a better job? Is the parent moving to be by family in order for the child to have the support of an extended family?
The integrity of the custodial and non-custodial parents' motives in seeking the move or trying to prevent it: In seeking the move, is the parent trying to limit or interfere with the other parent's visitation rights? In trying to prevent the move, is the parent doing it out of spite or doing it out of love for the child?
The availability of realistic, alternative visitation arrangements that would sufficiently foster an ongoing relationship between the non-custodial parent and children: Will the parent be able to see the child as in the past? Is the parent proposing to move the child to California or to Maryland? The distance makes a difference.
If you want to move from the jurisdiction of your child custody order, you must notify the other parent of your intent to move. And you must file with the court.

If you have been told that your child's other parent wants to relocate your child to another part of the state or country, you have the right to go to court to prevent the child's removal from the state.

Courts Pennsylvania have found that insignificant geographical changes, such relocation to a nearby city, generally will not constitute a substantial change in circumstances that warrant modification, meaning a change in ustody or a modification of the parenting plan.

Now, how all this applies to your situation. Since, at this point in time, the natural father has not elected to pursue a parenating plan ( visitation), nor have you elected at this point in time to pursue child support ( a mistake , I think, on bopth of your parts) but nontheless, there are no existing orders to violate. If, the father were to protest, collaerally ( after the moves), he certainly could not ask the court for a contempt on you, since there no orders. The fact he" moved away" without asserting his rights, could be a per se defense . The fact the statues exist indicates that the courts are expecting both parents to have a de facto and dejure interest in the parenting of the child.
In your case, where it is obvious you can independently support your child, factored with the fact the father has shown little interest, pragmatically, that the government is unlikely to get involved in the life of these parties, at least at the present time. I suppose that would mean, you can do as you please, until someone tels you you can't. Pa is among the most liberal of states when it comes to "move aways", anyway.

 

This Question was awarded 37 days ago therefore you can no longer post an Answer. However you may post a comment below.

 
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Comment 1 / 2 - Submitted 37 days ago...

emrelds

emrelds

Beginner (46)

Thank you for your very detailed and very well thought out answer. Thank you for answering very specifically for the state of PA.. You have helped greatly!

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Comment 2 / 2 - Submitted 37 days ago...

SRDEsq

SRDEsq

Brain (3,690)

You didn't ask, but you should consult an atty when you finished relocating your practice etc. ; being forewarned is being forearmed. In case one day you get a subpoena and parenting plan in the mail. Better to have jurisdiction where you are, then where he is. Since you will be in two different states in the future ( or now) actually jurisdiction CAN bewith either parent, though, it IS usually where the CP and child are, if he files first, you cannot open a case in your state without transfering the already open case from his state. Then you would have the inconvience and expense of dealing with his state, in his state.
Thanks for the vote

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