Legal Question in Family Law in Pennsylvania
Removal of Children from State by custodial parent
I have primary physical custody my ex has partial physical custody. We share legal custody of our two minor children. I recently took a job in a different state and relocated (I could not find a comparable job in the area I was). Prior to moving I asked my ex husband to agree to this and he would not. I set forth generous visitation rights for him ( up to 4 weeks in the summer and one additional time during the year, plus calling every other weekend-always to remain in contact with him.)
I am applying to the courts to work this out. He is threatening to press kidnapping charges on me. Can he do this. What legal rights do I have? Will I be made to quit my job here and move back to a state that I do not have a job? Can he be awarded custody of the children if he has a criminal (felony) past, including endangering the welfare of children?
1 Answer from Attorneys
Re: Removal of Children from State by custodial parent
I cannot tell from your question which state is the one from which you are moving or have moved and which state is the one to which you are moving or have moved, or which state is the one in which the divorce was granted. If the divorce was in Georgia, under current Georgia law, there is generally no restriction on a custodial parent's right to relocate to another state (there is a bill pending which might affect this if passed next year). The relocation by iteself is not enough of a change under current law in Georgia to justify a change of custody. I think you can expect a change in visitation to reflect the fact that there is now a greater distance involved, if every other weekend visitation would clearly be impractical.
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