QUESTION

Can primary parent in PA relocate out of state?

Asked on Apr 21st, 2013 on Child Custody - Pennsylvania
More details to this question:
I was in a neglectful marriage 11 years, to a man with aspersers autism. He also was extremely neglectful with our (now)8 year old. I had to tell him to play with her, I had to take her to doctors or ers, and I fought with him over giving her epilepsy meds to her. A summer 2012 he told a stranger to get our daughter off an amusement ride at Downey park. I am extremely worried for her safety. However, I panicked when he brought an attorney to a conciliation. I wanted supervised visits. For her safety. Prior to him leaving (he was in debt of over $64000 before 2007), he conned mom into selling her home, and build this. He swore to pay all taxes, dues, and half of all bills. He was working in a union accounting job15 years). He quit before the move-because of a woman "harassing" him. Telling him dress codes etc. He spent all our money over the summer-from selling his half of his home to his brother$249000?). We sold stuff to pay the taxes the builder lied about He had been working making up to $500+ at ruby Tuesday(weekly). Told us he was broke. Mom spent her savings on the home. Our daughter and I. And yes him. She made me stay with him Hoping he'd keep his promises. He's cheated, slandered me to everyone. Took up with a child abuser- I saw it. He left us now with 2 years in delinquent taxes and dues. They will take the he Sept 2013- if at least $8000 is not paid. We are frantically trying to sell. I am primary parent. Prior to leaving, as well as up until just before the custody conciliation, he told me to relocate to Florida. I s apprehensive at first. But realized that it benefited our child, and us. Low cost of living/taxes, climate-our daughter missed a lot of school due to illnesses. I have friends there, Ocala has good hospitals and schools. No ice. She has an arachnoids cyst/rain. Now he I his friends will look Down. On him, if he allows me to move with your child. Then, Friday he said he'd sign the relocation paper.
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1 ANSWER

David M. Axinn
Before the parent with primary custody can relocate with the child, one of two things must happen. Either the other parent agrees to the move, or you must give him advance notice, and he would then have the opportunity to request a hearing. If there is a hearing, the Court would decide whether the relocation was in the child's best interests. You have stated some facts which are in your favor on this question. I would encourage you to sit down with an attorney before you move, as this can be a complicated area of the law, and you are required to use a particular form to give him notice.
Answered on Apr 24th, 2013 at 3:01 PM

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