Pennsylvania Child Custody Legal Questions

She can move wherever she wants. However, the jurisdiction for the child custody and support issues is in Pennsylvania. He can file a motion for relocation hearing when she moves. She would then have to hire an attorney in Pennsylvania and fight any effort for him to have obtain a custody order.... Read Answer

If there is a custody order, there is a specific procedure she must file before relocating. This applies without regard to the parent's marital status. If they can't agree on this, she must send him a formal notice, 60 days before relocating, along with a proposal for any revision in the visitation schedule. He then has the right to object, and request a hearing in court.... Read Answer

If a simple letter from you won't be sufficient for whatever she needs, like school or doctors, you should probably get an attorney to file a motion to transfer custody on a temporary basis to you. The judge will issue an order of court stating so, and your sister can use this as she wishes or even file it and enter it in North Carolina.... Read Answer

You have an obligation to provide notice to the mother before relocating, using a form that is in the Custody Act. She then has the right to file a request with the court, asking the court to decide whether relocation is in the child's best interests. Normally, in these cases the issue is how the move will affect the other parent's visitation. Since she doesn't have visitation, and apparently hasn't made much progress toward resolving her issues, I would expect that even if she objected, your chances would be very good.... Read Answer

Many parents struggle with the idea that their child might have a disability.  Fortunately, it sounds like you have accepted it and are trying to get your son the services he needs.  You know that the more services he has early on, the better his chances are later in life. While you cannot change your ex to make him see the benefits of therapy and structure, you may be able to show it in a custody proceeding.  Of course it would be better if you and his father were on the same page, but maybe you can work out a custody schedule that does not affect nap time or therapies.  If he is exhibiting behaviors when his father does not follow through, you can explain that to the court.  The first thing I would recommend is that you document your son's behaviors on a day-to-day basis, particularly if he has target behaviors in the wrap-around program.  Note the good and the bad, every day of the week.  This will help the wrap around team and therapists devise a good program for him, and it will be easier to explain any changes in behavior to changes in routine.  The therapists may be able to help you provide documentation in a way that is useful to them.  That same documentation and the recommendations of the professionals, can be presented in a custody action if you need the court to intervene to help your child.  Find an attorney in your area who understands both custody law and special education law because that person will be best able to guide you through both issues.  Good luck.... Read Answer

To avoid the problem of both parents selecting the same week for vacation with the children, parents often say who has precedence when choosing a vacation.  Since your schedule says that Mother has precedence in odd years and Father in even years, if you both selected the same week, Mother would be able to take vacation when she wants to this year and Father would have to select a different vacation period.  Next year, Father would get first choice in the event that you both selected the same time period.  ... Read Answer

I am not sure whether you are talking about serving the original custody complaint, which often has a scheduling order attached to it, or some other court order. It is improper to have the Complaint served by someone who is a party to the action. In many cases, however, objecting to the manner of service doesn't accomplish anything. She could simply have him served by certified mail, or by having someone else hand the papers to him. He should discuss this with an attorney: often, he would be better off concentrating on the merits of the case rather than technical compliance with the Rules.... Read Answer

Custody in Pennsylvania does not automatically go to the mother: if there is no court order, the mother and father share legal rights. If you move out, either the parties reach an agreement about custody, or the court would decide custody based on what is in the child's best interests. You should consult with a custody lawyer, who would want to know more about your situation before offering any opinion about what the outcome might be.... Read Answer

If there is no Custody Order of Court which spells out visitation and custody issues, either party can keep the child from the other. It would be best to work out a custody arrangement informally with him. If successful, you can live with that. If you wanted to turn your agreement into an order, you can get an attorney to do that, then you both a have a clear order to follow. If you cannot agree on anything, hire a lawyer.... Read Answer