joeygood
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Reged: 07/31/07
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I have posted this in the PA section, and putting it here to mabye get some more feedback! Thanks in advance!
My ex informed me that she is planning to move to illinois in June. We currently have joint physical/legal custody of our 8 year old son. with time being split on overnights 40/60, 40% me. However, i actually see him almost everyday, as he is active in sports and i help coach him. Her reason is the company she and her fiance work for headquarters is there and this would help her out in her job. She said she would like to work things out without having to go to court, however we will end up being there, as we can't work out an agreement. of course she wants him during school year, and i want him during school year with no budging on either side. Anyone have any dealings with this in PA. i know they pretty much determine it on best interest of child. does her fiance/ soon to be husband getting a new job constitute best interest of son? she is the one moving away, is she responsible for paying for sons trips to and from? any advice would be apprieciated
Edited by joeygood (01/23/08 01:12 PM)
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rocketgirl
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Loc: On the beach in 14 years...
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She can move anywhere she wants... she cannot take your son though. I would immediately file a motion to stop her from leaving the state with your son. If she does, it will be harder to get him back.
See a lawyer... like today.
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Lisa
Diplomacy - the art of telling someone to go to hell, and them looking forward to the trip.
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joeygood
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She needs to file an intent to move, correct? her fiance told me they were going to file on Jan 3rd if we didn't come to an agreement. I haven't recieved anything as of yet. Do I need to file something, even if she hasn't given me or court anything as far as intent to move. so far its just been "out of her mouth".
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joeygood
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she can move as far away as possible, but i need my son to stay with me.
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rocketgirl
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Legally.. yes, she would need to inform you. BUT... that doesn't mean she WILL do that. Do you have a lawyer you can contact? You need to file FIRST that she cannot leave with your son.
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Lisa
Diplomacy - the art of telling someone to go to hell, and them looking forward to the trip.
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joeygood
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its already in our divorce and custody agreement, i know her well enough that she won't leave without going through the proper channels... and compromise her custody. she isn't a bad mom. i am just hoping i have enough to keep him with me if she decides to move. my guess is her and fiance went to attorney and let them know that it wasn't going to be 100% that they would allow the move... so they are second guessing what they want to do. that's why i haven't recieved anything from her legally. i told her the sooner she filed the better, that way, we all know including our son knows what is going on. and we can plan accordingly. she said the move wouldn't take place till june when he is done with school. thanks again for your responses
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joeygood
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yes, i have an attorney, the same one that has handled everything else. he said cases like this are 50-50, but the fact that i am in my sons life so much, would definetely be a factor, she would also be moving from any sort of relatives as they are all here in PA , 15 minutes away.
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googledad
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Courts in PA have to follow a 3 pronged test to determine whether any relocation is allowable ( form Gruber v. Gruber ) .
[1]the potential advantages of the proposed move and thelikelihood that the move would substantially improve thequality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent
[2]the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it; [and]
[3]the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodialparent
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Careful. We don't want to learn from this.
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PhoenixRising
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Loc: New York
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Sorry Joey! There is no crystal ball. Some states make it impossible to move. Some states give the custodial parent a free pass to move anywhere.
PA falls in the middle.
Your ex on paper meets all the qualifications needed to move.
In the mid-1990's; the PA senate entertained a bill that would have diluted the "if mommy's happy; child will be happy" approach to relocation. However it never brought to a vote.
There are a not-insignificant minority of judges that do not believe that economic betterment should carry as much weight as it does.
If you are lucky, you could get a judge who feels that relocation would irrepairably damage the deep and meaningful father-child bond.
Life comes down to dollars and cents. If your ex fears that you have deep enough pockets to keep this tied up in courts; then you are in a good position to negiotiate for a generous long-distance visitation schedule.
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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Relayer
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Quote:
Courts in PA have to follow a 3 pronged test to determine whether any relocation is allowable ( form Gruber v. Gruber ) .
[1]the potential advantages of the proposed move and thelikelihood that the move would substantially improve thequality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent
---> Just an opinion obviously, but until "fiance" becomes "DH", I don't see how her moving with him is not a "whim". I know she works for the company, but she would need to show there was a promotion (and a big one) in the move for her.
[2]the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it; [and]
[3]the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodialparent
--> 800 miles or so is obviously going to make it difficult.
Joey, also, Illinois is VERY repressive in terms of custody and CS. If she gets juristiction there evenutally, you are screwed. As an example, there is NO such thing as 60/40 or 50/50 or anything. There is CP and NCP and time is not defined other than "reasonable". Healthcare will fall on you. Not sure how CS works in PA either, but in Illinois, parenting time has no effect on CS, nor does she have an obligation to provide for the child, though one would hope and assume she would.
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GO CUBBIES!!!!
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