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I have a sole legal custody of the child, other parent have a visitation rights i moved to Pa on september 15 other parent live

Moon Township, PA |

i have a sole legal custody of the child, other parent have a visitation rights, i moved to moontownship pensylvania on september 15with my child, i got a very good job and planning live there and all my life, other parent live in other state, and have only visitation rights and see a child every other weekend , can i apply for child support as i have a custody? and i am not a pensylvania resident yet

The relocation with child has been allowed by MD court, which awarded sole physical/legal custody to me, father. Our MD attorney adviced me not to raise issue about child support until child becomes resident of another state (PA), which is either 6mo or 1 year depending on what lawyer answers. Therefore child support issue has not been raised yet. PA law says i can ask for child support starting from day i was awarded sole legal/physical custody, i.e. i can ask for back-pay too. Question: when it is best to apply for child support in PA? Thank you very much in advance

Attorney Answers 3


  1. Sure you can, but it might have to be done in the other state and you risk the other state mandating you have to return the child, you need to cosult an Attorney quickly.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.


  2. I question if you violated a custody rule or your custody order in the other state by moving here. Had you moved from PA, the other parent could have filed for a relocation hearing. Yes, you can get child support, but, as been pointed out by the other attorney, the jurisdiction may be in the other state if you have not resided in PA for six months. You can file yourself in allegheny county and the intake person should confirm whether you can file here.


  3. I think you asked another question about child support, but with fewer details. From this, it is clear that the "other state" has already issued orders regarding custody. They must have also taken up the issue of child support in some way, meaning that they will retain jurisdiction over that issue. And I agree with the other answers in that I hope the other parent knew about your move well in advance.

    This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your situation, please consult an attorney. The answering of this question does not create an attorney/client relationship, and the poster should seek additional information from qualified legal counsel. Many attorneys, like ours, offer no-cost consultations.

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