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  1. #1
    Join Date
    Mar 2010
    Location
    Bucks Co, PA
    Posts
    11

    Default Enrollment in School Outside of Child's Home State

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

    Hi

    I have a Court Order that, in addition to other things, states the following...

    # The parties agree that Pennsylvania is the home state of the child and the Court of Common Pleas of Bucks County shall retain continuing jurisdiction over this matter.

    Now here is my question.

    My STBX has moved to NJ and is planning to enroll our daughter in a school in NJ.

    Our daughter is 3 years old and has been attending a Preschool \ Daycare in Bucks County which ended last week , due to the summer. I still live in Bucks Co and have plans to enroll our daughter in a Bucks Co summer camp and in a Bucks Co Preschool in Sept when the school season starts again.

    If my STBX enrolls our daughter in a school that is not in daughters 'home state' would she be in contempt of this Court Order? What can I do to keep my daughter in Bucks Co, PA ?

    Thx!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: School - 'home state'

    The is a permanent relocation? Approved by the court? Approved by you? Approved by both?

  3. #3
    Join Date
    Mar 2010
    Location
    Bucks Co, PA
    Posts
    11

    Default Re: School - 'home state'

    Yes, it is a permanent relocation. In PA the parent that is moving must fill out an Affidavit Regarding Relocation. She never filled out that form or informed the court of her relocation. I did fill out a Counter Affidavit Regarding Relocation where I disagreed with the relocation and it was filed with the court. After I filed that we went to a Custody Conference where the custody order was put into place. At the conference the Custody Master was told of my Counter Affidavit but since we worked out an custody agreement the Master did not make a big deal of it.


    If it makes a difference the Custody order also states..

    # The Parties share legal custody of the child.

    # Major decisions concerning the child, including but not limited to her health, welfare, education, and religious training and upbringing, shall be made by the parties after discussion and consultation with each other, with the goal of developing and adhering to a harmonious policy in the child's best interest.

    # Mother and Father have joint physical custody of the child.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: School - 'home state'

    You worked out an agreement. So you approved her relocating with the child to another state through the courts. Then no, with you having approved her relocating with the child and the court having entered a stipulated order approving the move, you're not going to be able to have her held in court for following through on what you and the court have already approved.

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