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I am planning to move from PA to NY. My ex and I currently do not have a legal custody agreement. Can he stop me from moving?

Mahanoy City, PA |

He gets them every other weekend and the move would not change this. We have been divorced for almost 8 years.

Attorney Answers 3

  1. It is possible. Take a look at our article on our blog. Speak to your attorney for further clarification.

    Michael Kuldiner, Esq. (215) 942-2100. This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between MIchael Kuldiner, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.

  2. If he objects to you moving with the children, he can file a Complaint and emergency Petition and the court will likely prohibit you from moving until there is a hearing or they may force you to return if you have already moved. It is best to follow the specific requirements in the custody statute before you move, so you will need to retain an experienced family law attorney to represent you with this matter.

    My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

  3. He can't stop you from moving but he can possibly prevent the children from moving. The custody statute has detailed provisions pertaining to relocation. It may be wise to consult with counsel.

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