Getting Permission to Move with a Child Over the Father's Objection
My question involves a child custody case from the State of: PA
Thanks in advance for any advice.
I'm mother to an 18month old born 9/12. We moved to PA from MD (child was born in DC) after abstinee father convinced me it was a good idea. I have no family in PA and no support system. Fast forward to 9/13, father has total 3 kids, 3 different mothers and is living with gf and her child. There was a police incident with gf, she had my child and I had never met her at the point in time. I showed up to pick up my son (father lied and said he was with child, he had left child in her possession) and she would not answer the door. Police were called and my son was given back to me.
Father took me to court for visitation after the incident. Current order is every thursday evening after daycare (5pm - 730pm) and every other weekend. My child is supposed to spend then night with his father only if father stays at the paternal grandmother's house. He hasn't and I've had to pick our child up on his weekends at 8pm. Father will not bend although I've agreed to sign paperwork saying our child can spend the night at location not in order.
I'm out of a job and have a 2 new job offers lined up in the DC area. I would move our son there. Better schools, better quality of life than the Philadelphia area which we are in. I have strong community ties, professional ties and a small bit of family. We would be closer to child's maternal family, grandparents which the child barely knows at this point.
Father has blocked initial relocation request back in October and now has a lawyer (represented himself initially). I would like to fire my lawyer because it doesn't feel like she's on my side. Unfortunately, I can't afford her either.
If I represent myself will I have a good chance?
**Our new location is 2 hrs away
**I'm willing to give dad 2 weekends out of the month, Friday-monday and Thanksgiving and Christmas (1 week at the time), Summers when our child starts school. Daily skype sessions when dad wants.
**When child was born, dad made trip every week to MD
**Father is on birth certificate, pays support monthly
**I have no family support here
**2 job offers on the table, currently unemployed in PA
**I understand I will need an emergency hearing to expedite my response to the companies holding the position
Let me add, we have had drama between us but have come to a mature place in our parenting. I'm worried this may spill out into court if he feels he's losing the case.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
What's different between what you claimed in October, when the court denied your petition, and the petition you hope to file less than five months later?
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
In PA you have to give 60 days notice that you are relocating, if the other parent says no then you must go in front of the judge. He was served, blocked my move and now we must attend a hearing in front of the judge.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
If you've already been denied, it's highly unlikely that you'll be approved a mere 5 months later.
With that said, there is another perfectly legal option available to you: allow Dad to be CP.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
The OP appears to be clarifying that by "Father has blocked initial relocation request back in October" she in fact meant that he formally opposed her request to relocate.
Pennsylvania has statutory relocation factors that a court will consider when reviewing a petition,
Quote:
Quoting 23 Pa.C.S.A. § 5337(h)-(i)
(h) Relocation factors.--In determining whether to grant a proposed relocation, the court shall consider the following factors, giving weighted consideration to those factors which affect the safety of the child:
(1) The nature, quality, extent of involvement and duration of the child's relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child's life.
(2) The age, developmental stage, needs of the child and the likely impact the relocation will have on the child's physical, educational and emotional development, taking into consideration any special needs of the child.
(3) The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.
(4) The child's preference, taking into consideration the age and maturity of the child.
(5) Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party.
(6) Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity.
(7) Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity.
(8) The reasons and motivation of each party for seeking or opposing the relocation.
(9) The present and past abuse committed by a party or member of the party's household and whether there is a continued risk of harm to the child or an abused party.
(10) Any other factor affecting the best interest of the child.
[indent
(i) Burden of proof.
(1) The party proposing the relocation has the burden of establishing that the relocation will serve the best interest of the child as shown under the factors set forth in subsection (h).
(2) Each party has the burden of establishing the integrity of that party's motives in either seeking the relocation or seeking to prevent the relocation.[/indent]
[/quote]
There's a lot more than goes into the analysis than is known to us, and if your lawyer is concerned that the court will deny your petition there's cause to conclude that some of the factors are likely to weigh against relocation. If you don't trust your lawyer, perhaps it's time to change lawyers.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
Perhaps it is time for a change. I hope to represent myself using research to guide me along the way.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
Why is it that you have to let someone be a custodial parent if they object a move regardless of your ability to care for the child better. And if you do allow that to happen that party could up and leave to another state??
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
Quote:
Quoting
Determinedmommy
Why is it that you have to let someone be a custodial parent if they object a move regardless of your ability to care for the child better. And if you do allow that to happen that party could up and leave to another state??
That isn't quite accurate.
It's more about the child having regular access to both parents. If the court allows the move, well, there you go. If the court won't, the CP has two choices - either stay put, or let the non-relocating parent have custody.
Some states have no presumption. In some, the presumption is in favor of relocation. In others, the presumption is against the relocation. There isn't one set of rules to address every situation.
If the relocating parent decides to move without the child, they do actually take a risk that further down the line if the new CP decides to move the previous CP can't really object because they're already in different states.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
Off to research presumption in PA. I have no real support system/heap here, but there are step-siblings involved on the paternal side.
Any insight if courts favor the NCP who has additional kids in the area?
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
It can be considered, but it's usually more relevant to the moving party than the non-moving party.
With that said there are many factors to play with. PA is a middle-ground state (for want of a better term). The parent wishing to relocate the child needs to file with the court, and notify the NCP. If the NCP doesn't respond, the presumption is that s/he consents to the relocation. If the NCP does respond with an objection, it goes before the court.
One thing I cannot emphasize enough: If the party relocates before a hearing on the matter, it increases the chances of the move being denied. Hugely.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
Don't worry, I'm not going anywhere until the hearing. I don't want to risk it. Currently doing my research on crime statistics and school districts, philadelphia vs. dc metro (maryland suburbs area).
I hope that I will have enough evidence that proves the move is safer and will provide better schools for my little one. I just want a amicable decision, not to rip him away from his father.
Thanks for your help!
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
Ooof. That might be tricky.
Philly has a high crime rate, that's true. But Baltimore's is higher - and it's only around 45 miles to DC. And there are enough "more or less the same" factors that might make it all the more tricky.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
No where close to Baltimore. I did a crime comparison and will print it out for court . The county we're moving to is right next to the district and on a scale of 1-10 faired a 4 in crime, where Philly was 9.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
What you're not seeing though is that up until this point you've been fine with the area.
Now, I understand that you might have always felt it was iffy, and now you really feel the need to go elsewhere...but it's not about what I think. I can see the court wondering the same thing.
Dad is obviously planning to challenge (again). He has an attorney - you need one too (be it your current attorney or someone new).
As I said, there are many factors to consider. I can see both of you having good reasons, and that basically means that you're going to be battling each other in court.
Re: Getting Permission to Move with a Child Shortly After the Court Denied Prior Peti
Quote:
Quoting
Dogmatique
That isn't quite accurate.
It's more about the child having regular access to both parents. If the court allows the move, well, there you go. If the court won't, the CP has two choices - either stay put, or let the non-relocating parent have custody.
Some states have no presumption. In some, the presumption is in favor of relocation. In others, the presumption is against the relocation. There isn't one set of rules to address every situation.
If the relocating parent decides to move without the child, they do actually take a risk that further down the line if the new CP decides to move the previous CP can't really object because they're already in different states.
I completely agree with you. However, this is also an object lesson for other people reading this thread.
Had mom never allowed dad to convince her that moving to PA was a good idea after the baby was born, she would never be in this position in the first place. How many times have we seen this scenario played over and over again? One parent convinces the other to move to a place where they have no family support or network...whether those parents are together or not together...things fall apart in a relatively short amount of time, but long enough that its past the residency rules...and then the other parent has to fight to move back to the original home state of the child?
Bottom line...any parent that makes that kind of move needs to be prepared to decide whether or not its permanent within a few months of moving...and probably shouldn't even consider making the move in the first place unless they are certain that its going to be permanent.