Custody Case with Jurisdiction Issue

Cindy Lee Villanella Pieret

Practice Area:Family

Outcome:Case was dismissed due to lack of jurisdiction in PA. Father was directed to file an action in Georgia if he wished to do so.

Description:Child was less than six months old and Mother had lived in Georgia for eight months. Father brought a custody action in PA and Mother retained my services to have the action thrown out due to lack of jurisdiction. The Court looked at Mother's notification to Father of the move, the fact that Father helped Mother pack her house, the fact that the child's doctor and extended family is in Georgia, and the lack of contacts in Pennsylvania. Further, Mother's boss testified that her moving to Georgia was due to a transfer at work and that it was planned for eight months.