Philadelphia, PA asked in Family Law for Pennsylvania

Q: What are the charges I can file against my kids mother for leaving the state illegally with my kids?

We have been in court since 2015 and our case has never gone any further with custody being granted because she fled the state of Pa before so. We were told not to leave the state without court order and she failed to do so now I haven't seen my kids since 2015 and can't get to them because of financial issues. She moved to Ocala Florida without the the judges consent and I don't know what to do about it neither of us has full custody.

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1 Lawyer Answer
Lisa Marie Vari
Lisa Marie Vari
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: 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 special relief asking the court to order Mother to return to PA with the children while you proceed through the custody process.

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

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