The only person who can give you "real answers" is an experienced family law attorney who knows the details of your case. There are ways to implement a shared arrangement when parties live 45 minutes apart by giving him more holiday and vacation time to make up for the time that he will miss during the school year. However, your attorney should approach him to see if he will consent. If he opposes the move, you will be required to follow the requirements outlined in the statute, starting with the service of a Notice of Relocation and Counter-Affidavit at least 60 days before you move. You will also be required to file a Petition with the court to modify the order. Quite frankly, the courts where I practice typically will not permit the children to be relocated for the reasons that you stated when a shared custody arrangement is in place if the other parent objects. Therefore, it is likely that you will have an uphill battle. It is not wise to handle this matter on your own.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
The custody statute sets forth the procedural steps for relocation, if that applies in this case. You may want to give thought to presenting various scenarios that would keep a 50/50 schedule. Also, if you could get him to agree to one of those custody arrangements/scenarios before you meet with a Judge, it would facilitate the process.
I suggest seeing if you can work this out with the other parent. If you cannot, it is possible, especially if he has an attorney, that he will successfully argue why he should receive more time for the child's stability and that he should not be penalized because you are the one moving away (if a 50-50 time cannot be reached in the new setup).
Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.
As with attorney Silverman, the judges with whom I have worked with would also not allow the relocation under the circumstances you've outlined, and I suspect that would be the case with most judges in Beaver County.
There may be other factors a judge would consider that you have not mentioned. An experienced family law attorney can discuss with you the other factors that may be important.
Contact the Court administrator's office in beaver county (I have provided a link below) to see if they can assist you in locating an attorney sensitive to your financial situation.
The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and Jeffrey S. Helffrich, Esquire, or between the reader and Masorti and Donaldson, P.C.
Sign up to receive a 3-part series of useful information and advice about child custody law.