Phoenix, AZ asked in Child Custody for Pennsylvania

Q: I was granted relocation with my child from PA to AZ 2 yrs ago. If I want to move again do I have to refile?

I was granted relocation from Pennsylvania to Arizona over 2 years ago. I have since met someone and are getting married, but his kids are moving to Florida since his ex wife is remarried, and we want to move so we can all be together. Do I have to refile for another relocation to do that? If so...would I have to refile in PA, or in AZ?

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

A: Arizona -- and your answer is located in Arizona's version of the Uniform Child Custody & Jurisdiction Act. Look also to Arizona law and their rules of civil procedure about how to proceed in relocation cases.

Best of luck to you and everyone involved.

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

A: I agree with Attorney Hall - you will need to look to AZ law for the answer to this question.

Penelope A. Boyd
Penelope A. Boyd
Answered
  • Divorce Lawyer
  • West Chester, PA
  • Licensed in Pennsylvania

A: The famous lawyer answer is: it depends. You were permitted to relocate with the child, but you need to be sure that the jurisdiction in the custody action was transferred. If the other parent continues to live in Pennsylvania, the court order may include a provision that the Pennsylvania court retains jurisdiction or is designated as the "home state" for jurisdictional purposes. It might be worthwhile to have a quick consultation with a Pennsylvania attorney (or an Arizona attorney) who can review the order and advise you on the surest course of action. Even if it is a relocation, is there any opportunity to work out an agreement with the other parent?

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