Our Custody Order doesn't set a timeframe, simply states a relocation notice must be served and that he has 30 days to respond. I thought that meant I had to send it 30 days prior to our moving date. However, when I looked up the PA statute it states it must be given 60 days prior to the proposed moving date.
We haven't been able to afford an attorney in quite some time, however that is now changing. We are currently renting, our lease is up and we are buying a house in the next county over. We have primary Physical custody, The other parent resides out of state, we have a long distance visitation order and shared legal custody. Although, probably not for long has there have been numerous issues that I will not disclose here.
Can an attorney help? What should I do? Thank you
You have to comply with the statute and give the 60 day notice. The court's order only said that the other party had to respond within 30 days of the notice, not when the notice was required.
While you cannot hire a lawyer you are still held to the same standard. That, unfortunately, is the law in most states.
You need to give the 60 day notice, and get a lawyer.
A notice might not be required. "Relocation," for purposes of Pennsylvania child custody law, has a much narrower definition than it is used in casual conversation. It does not refer to any move from one house to another, but instead to, "A change in a residence of the child which significantly impairs the ability of a nonrelocating party to exercise custodial rights." Since the other parent is already out of state, it is very possible that the desired move will not have even a slight effect on his/her ability to exercise custodial rights. Obviously, no one on this forum can give you a truly useful answer without knowing much, much more about the situation than is possible in a forum like this, but I urge you to explore the matter more deeply with a local family law attorney. When it comes to family law in general, and child custody matters in particular, one size very definitely does *not* fit all.
Attorney Michael B. Greenstein
This response is offered for informational purposes only, does not create a lawyer/client relationship, and should not be taken as legal advice.
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