Can a Non-Custodial Parent Move Out of State Without Notifying Anyone

My question involves a child custody case from the State of: Pennsylvania

My exhusband has been exercising court ordered visitation every weekend with our 10 yr old. Things were ok between us until the truth about his affair during our marriage actually came out and he ended up with the girl. All of a sudden, she was taking over and trying to be involved in every aspect of our custody agreement. She would hang up on me if I tried to contact him even when it was regarding our child. Any contact we did have, he would only allow in texting and 95% of the time, he wouldn't answer those either.


To make a long story short, apparently they decided to move 1500+ miles away. He never told me or the court, therefore no longer seeing our child like the court order says.

He also has another child that he hasn't bothered with in 7 years.

My question is:
Do I have the right to file for sole custody on the grounds of abandonment?

What is it you wish to accomplish? Sole custody won't take away his rights, for example. Visitation is his right, not his obligation.

When did he leave, and how often has he seen his daughter in the last year?

He left about a week ago. I found out after he didnt show up for his visitation. He was seeing our child every weekend pretty much...there were a number of times either he didnt show up or he was extremely late. I am not trying to take away his "rights". He is her father, but he just left without even saying anything. He has not tried to contact her. He thinks it is HER responsibility to call him. She doesn't want to and if she does want to then she takes the phone and does it. He refuses to call her. So basically, he left and has no contact since. I realize it has only been a week, but I am afraid to wait around and he just shows up out of the blue 6 months from now or 6 yrs from now and expects to just pick up where he left off.
I am also very afraid that he will want to take her for the summers and I DO NOT trust him or his girlfriend around my child for that extended period of time and being so far away.

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Quoting Jerseygirl444

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He left about a week ago. I found out after he didnt show up for his visitation. He was seeing our child every weekend pretty much...there were a number of times either he didnt show up or he was extremely late. I am not trying to take away his "rights". He is her father, but he just left without even saying anything. He has not tried to contact her. He thinks it is HER responsibility to call him. She doesn't want to and if she does want to then she takes the phone and does it. He refuses to call her. So basically, he left and has no contact since. I realize it has only been a week, but I am afraid to wait around and he just shows up out of the blue 6 months from now or 6 yrs from now and expects to just pick up where he left off.
I am also very afraid that he will want to take her for the summers and I DO NOT trust him or his girlfriend around my child for that extended period of time and being so far away.

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Based on the fact that he has another child he hasn't bothered with in 7 years, what do you think that the odds are that he will bother with yours? (sadly for the child).

If he shows up in 6 years your daughter will be 16 and it won't be such a big problem. If he files to adjust visitation to a long distance plan, then yes, he is going to get some extended summer time and you will have to live with that. You having sole custody would not stop that either.

Now, if he is completely awol for a year or two, then you might want to go back to court to get sole custody just so that he cannot try to have you held in contempt for making major decisions without his input, but other than that, sit back and wait and see what happens.

Honestly, I was thinking the same thing given his history with his other child. I guess I just don't understand how he is not in contempt of court for just leaving and not notifying either me or the court on his plan to move. It's not like he can be here every weekend for his visitation when he is is over 1500 miles away. My daughter has already told me she does not want to go where he is to visit.

Because visitation is his right, not his obligation. It's your obligation though to make sure the child is made available for his visitation.

She's 10 - if the current order is modified, she WILL be spending extended periods with him, outside of your view and outside of your supervision.

So far this doesn't come close to abandonment.

Ok...there are other factors as well. I understand it is his "right", but I have rights too and so does my daughter. I appreciate your input, but I am aware of our court ordered parenting plan and he IS in contempt. The fact that he left and has made no contact with her, has NOT shown up for his visits and has made NO attempt to modify the existing order BEFORE he moved, does put him in contempt. As far as extended time with him, he probably should have done that before he left or at least made me aware of his plan to leave so we could possibly work something out. I DO NOT have to agree to her going out of the state because he is the one who distanced himself. Thank you again for taking the time to respond to me.

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but I have rights too and so does my daughter

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Not related to his moving.

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The fact that he left and has made no contact with her, has NOT shown up for his visits and has made NO attempt to modify the existing order BEFORE he moved, does put him in contempt.

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The court does not order someone to visit their child. You have been scorned and are sadly confused.

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I DO NOT have to agree to her going out of the state because he is the one who distanced himself.

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Haven't seen the visitation agreement, however, unless it states he is not allowed to remove her from the state, you again are sadly mistaken.

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Quoting Jerseygirl444

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Ok...there are other factors as well. I understand it is his "right", but I have rights too and so does my daughter.

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Yes. Y'all have the RIGHT to abide by court orders.

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I appreciate your input, but I am aware of our court ordered parenting plan and he IS in contempt.

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So you keep saying.

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The fact that he left and has made no contact with her, has NOT shown up for his visits and has made NO attempt to modify the existing order BEFORE he moved, does put him in contempt.

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Please type out word for word what your court order says.

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As far as extended time with him, he probably should have done that before he left or at least made me aware of his plan to leave so we could possibly work something out. I DO NOT have to agree to her going out of the state because he is the one who distanced himself. Thank you again for taking the time to respond to me.

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You're in denial.


If - or rather WHEN - the court modifies the order, you WILL be letting her go out of state. Understand?

(Or if you want to simplify the whole thing, let her go live with Dad before the court makes that decision for you)

Wow...you are very rude, Dogmatique. I was very respectful in my questioning and was respectful when you responded. Are you actually an attorney?