QUESTION
Can I legally take my son to another state during separation period?
Asked on Nov 21st, 2016 on Child Custody - Pennsylvania
More details to this question:
My husband wants to divorce. He is in active duty military. He wants me to take our 3 year old son with me to another state for the duration of the separation. He does not want the court involved. However, he changes his mind and wants our son to stay with him during the separation period. Can I take our son to another state or is there a process that must take place beforehand? I fear he will use this against me for custody, or claim that I took our son without his permission. I am also having trouble getting to base legal to find out what my rights are as a military spouse.
2 ANSWERS
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If there are no court orders and no court case filed at all, then you can move with the children. You are required to make sure the other parent knows where the children are living and has a means to contact you and the children. If a court case is filed, you will have to show that what you did was reasonable and in good faith and that having the children remain with you is in the best interests of the children.
Answered on Dec 30th, 2016 at 5:26 PM
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If you have no custody agreement, get him to sign a simple document that says... I authorize my wife,
Answered on Dec 30th, 2016 at 5:26 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900