Reading, PA asked in Family Law and Child Custody for Pennsylvania

Q: I live in PA (berks) I want to move to FL and I had kids out of wed lock. Do I need a permission from their dad to move?

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2 Lawyer Answers
Cary B. Hall
Cary B. Hall
Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Probably, yes. If you wish to "relocate" (and that the operative word in the Pennsylvania statutes) and there's a court order concerning custody, then you must give written notice to the children's father that you intend to move away. If he doesn't formally object with the court within 30 days, then he won't be allowed to complain as you're driving south with packed bags and the kids. It's a very specific process, however, and it must be followed correctly, so it's worth sitting down with an experienced family law attorney to go over everything before you take any action.

Is there even a custody order in any court, and/or is he even listed as the children's father on the birth certificates? These are also factors to discuss with your attorney, and may affect the answer to your question.

I'd be happy to discuss your case in further detail if you like. Feel free to contact me at your convenience.

Kathryn Hilbush
Kathryn Hilbush
Answered
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: Actually, whether or not there's an existing custody order, you'll want to either notify the father according to the court rules and obtain his permission or request the court for permission because, if you relocate the children to Florida and the father objects, he can raise the issue before the court. If there is an existing court order, he'll likely file a petition to require you to return the children to PA pending the outcome of a custody trial. If there is no existing court order, he can initiate a custody action and file a petition, seeking the same relief. It's likely that he will file the petitions as emergencies, requesting the court's immediate attention. I can't begin to surmise without more facts whether the court would require you to return the children but it is not uncommon for the courts to do so when someone doesn't follow the law. Please meet with an experienced family la attorney in your area to discuss the facts of your case and your options in detail before you move.

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