Vestal, NY asked in Family Law and Child Custody for Pennsylvania

Q: my ex husband has taken our two children out of state for 6 months. what can I do to get them back to pa

everyone was told it was only for 2 weeks. I didn't do a custody order with our divorce because I didn't want to put our daugthers though a hearing. they left June 25, 2017 and have not been back.

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1 Lawyer Answer

Lisa Marie Vari

Answered
  • Divorce Lawyer
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: It sounds like dad has relocated with the children. Pennsylvania relocation laws list requirements and steps that must be taken when one is considering relocating to a new city, state, or even a different country with minor children. Below are the "relocation logistics" in Pennsylvania.

In Pennsylvania, a parent considering moving with their children must give formal notice to the non-relocating parent, providing at least thirty days' notice. The non-relocating parent may object to the move. However, if he or she does object, the court will intervene. A "Gruber hearing" is then conducted in a Pennsylvania court. The purpose of this hearing is to determine whether the parent is permitted by the court to move their minor children.

I would suggest filing a petition for custody and ask the court order dad to return to PA with the children while you proceed through the custody process. A potential issue you will have is jurisdiction; jurisdiction is usually proper where the children have been residing for the past 6 months. You may end up having to file outside of Pennsylvania.

Please feel free to read my blog on relocation, linked below.

http://www.pafamilylawyers.com/blog/2015/01/pennsylvania-law-regarding-relocation-with-a-minor-child.shtml

Lisa Marie Vari, Esquire

www.pafamilylawyers.com

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