Q: Relocation with shared custody
I have shared custody of my granddaughter with her father. Her mother has visitation. I have raised her her whole life. She will be 8. Her father has been inconsistent in her life since he found out she was his. I have to relocate for my husband's job and he is going to fight it. She doesn't want to live with her mother or father. Will the court take into consideration her feelings especially since she has abandonment issues. Her father also has past alcohol and drug problems and has an infatuation with guns and hunting. What are the chances of him stopping me from relocating with her.
I mailed all the paperwork and her father objected to the relocation, what do I need to file in order to get the expedited hearing? Please help me, I can't afford an attorney and so I am doing this on my own. Thanks.
First, if you need to relocate and you do not have the approval of the parents, then you must serve both parents with a Notice of Relocation 60 days prior to the proposed move by certified mail, return receipt requested. Additionally, you must include a counter-affidavit with the Notice of Relocation where the parents can note whether they approve of the modification of the custody order and the relocation or whether they objection to the modification or the relocation. If the parent's do not file a counter-affidavit objecting to the relocation within 30 days, they will be foreclosed from challenging the relocation, and you can show the court proof that you served the parents with your Notice of Relocation and they failed to object to the relocation and let the court know what your proposed modifications of the custody order is. If they failed to object after being provided notice of the relocation, then you will mostly likely be granted permission to relocate with the child.
I would strong recommend that you seek legal assistance with the relocation because if you fail to follow the rules and procedures for relocation you run the risk of not being allowed to relocate with the child in time for your husband's transition to his new job. er
I recommend contacting a custody lawyer in your area. I practice in Dauphin, York,Cumberland and other surrounding counties in Central Pennsylvania. You can find out more about custody on my website: www.roygallowaylaw.com
There are plenty of qualified family law attorneys who could help you with this issue and I recommend you consult one soon.
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