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How to Get Custody With the Child Living in a Different State

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  • 09-13-2013, 10:07 PM
    Gweengeens
    How to Get Custody With the Child Living in a Different State
    My question involves a child custody case from the State of: TN & PA

    In January my wife moved in with relatives in PA after a devastating injury. She took our daughter. It was my understandinding that this was to be a temporary situation and that we were accepting family support.

    In May I visited and found evidence of infidelity, at which point my wife told me she wanted a divorce. I visited again and asked her to come home and she told me no. I began a new relationship a month later. I decided a divorce would be appropriate.

    I received a notice from the county clerk in PA that I am to report to the courthouse for a custody hearing on October 9. I object to the idea of my daughter living 600 miles away. Do I have any recourse.

    Thanks in advance.
  • 09-13-2013, 10:17 PM
    Dogmatique
    Re: Can I Bring My Family Back
    Given that the child has been in PA for at least 9 months, you're going to need an attorney to make the argument that she should be uprooted once again.

    So...how old is the child?

    - - - Updated - - -

    Why is it only an issue now? (That's what the court will want to know)
  • 09-13-2013, 10:43 PM
    Gweengeens
    Re: Can I Bring My Family Back
    She's 2 years old.

    Probably doesn't matter, but I didn't file immediately, against my better judgement, due to the nature of my wife's injury. It is of the type that requires months of rehabilitation. Dropping her from my health insurance would have created a serious financial hardship on her. Like a sucker, I waited and she filed when she got well enough to move around.
  • 09-13-2013, 11:24 PM
    Dogmatique
    Re: Can I Bring My Family Back
    I hate to say it, but I don't rate your chances highly at all. By not doing anything, you've basically agreed to Mom living out of State with your daughter.
  • 09-14-2013, 02:45 AM
    Gweengeens
    Re: Can I Bring My Family Back
    Good to know. Who said life is fair? I'll just take my reaming and move on as a fledgling misogynist.

    Thanks for your help.
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