I'm the non-custodial parent with 40% of the custodial overnights. The custodial parent notified me verbally that she plans to move out of state with our child. She hasn't filed the petition to relocate, but has a mobile home in Florida she was given by a relative, and has since been packing, and has begun moving items to the new home. We've filed a petition for special relief, (approved) that she is not to take the child out of the state, as well as a suing her for custody. Her new husband will be moving in to the home in Florida within the next two weeks.
I'm afraid she's trying to use some sort of loophole, or pull something shady by establishing herself in Florida before the hearing/trial. Can anyone give me any insight to what kind of behavior to look out for that may be "shady"?
It sounds like you already have legal representation so perhaps you should ask the attorney. If you don't have an attorney yet, do yourself a favor and retain an experienced family law attorney in your area as soon as possible. I can't advise regarding what sort of "shady" move she might make. Some people choose to ignore the court order prohibiting removing the children from the jurisdiction, which then may it more problematical obtaining physical possession of the children but it would be a useless and stupid approach for her to take because judges really don't like people who defy their orders.
Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.
With an order that your former partner cannot take your child out of state, you are well protected. If she violates the order, you can pursue enforcement here in PA in the local court where you got the order. Florida will not accept the case and will enforce the PA order. If she refuses to return, eventually law enforcement will get involved and will assist in securing your child's return. Initially law enforcement is reluctant to get involved because most cases resolve themselves within a few weeks.
Don't take any physically aggressive steps---don't grab your child or try to physically prevent you former partner from leaving. Keep your lawyer informed and do your best to keep your own custody case moving forward to hearing here in PA.
As it appears you already have representation, you will need to consult with your own lawyer. Your lawyer has already established jurisdiction in PA, which would complicate any attempted "shady" behavior.
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