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  1. #1

    Default Mother Moving Out of State With the Children

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

    Hello. I'm certain I'll need an attorney, but thought I would submit a post to get a ballpark idea of what I'm about to go through.

    I have a 3 year old son with a woman (never married) and I pay her child support on a regular basis. Within 4 months of my son being born she met another man and became pregnant with her 2nd child, so she presently has 2 sons from 2 different men in Harrisburg PA.

    Present day (sons are 3 and 2) she is with yet another man who is active duty enlisted Navy and recently said they're getting married. They're living together and she intends on moving with him from Harrisburg PA to Norfolk VA where he'll be stationed. He'll most likely be gone 6 months out of the year, she does not have family in VA and does not have a strong work history.

    I spend time with my son every week beginning on Friday after work, return him Sunday late afternoon and we share holidays. While there is not a formal custody agreement in place, this has been common practice and the other father sees his son at least as often. The other father and I would like primary custody of the kids, but because of their age we believe that would be almost impossible.

    **Is it likely a Cumberland County PA court would allow the kids to be moved to Norfolk VA as she follows her soon-to-be husband's Navy career? If so, are there any steps that can be done to make this outcome less likely?

    Thanks for your assistance.

  2. #2
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    Default Re: Mother Moving Out of State With the Children

    You could start by getting an official custody and visitation order - if in fact there's no order, mom can move at any time without going through the court. Although if a child support order is in effect, I would venture that there is in fact also a custody order in her favor. I suggest you check to see if there actually is a custody order and, if so, what it says about moving out of state.

    I doubt that custody will be changed over this, given that the mother is the primary custodian and you've not pointed to any basis for modifying that save for her intent to marry and relocate.

  3. #3
    Join Date
    Apr 2009
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    Default Re: Mother Moving Out of State With the Children

    The burden will actually be on Mom to show the court - should Dad object - why the move is in the best interest of the child, not on Dad to show a change of circumstance etc. Though military-based moves are more frequently approved, it's not a given.

    In this situation, because Dad HAS had regular visitation - albeit not court ordered - the court will want assurance that the move isn't going to interfere with Dad's parenting time.

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