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Can I Get In Difficulty

Family Law Discussion Forum

Can I Get In Difficulty

Postby cassidy25 » Thu Dec 19, 2013 11:35 am

I presently reside in PA been seperated (non legally) for virtually two yrs from my husband who lives in NY. He is court ordered to devote kid help thru the state of NY as that is specifically exactly where I was residing with him. There is no open court instances for visitation or custody nor has there even been and he hasnt observed his daughter in about 8 months. My query is if I was to move to the state of florida can I get in troubles or anything?. The kid support paperwork from the court states that I am the custodial parent.
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Can I Get In Trouble

Postby jock » Thu Dec 19, 2013 3:12 pm

Its incredibly state specific as to how the problems play out beneath rather various recommendations.
Typically the rule sems to contact for that you serve notice upon other celebration of intent to leave original state and get court approval by whatever methods apply--sometime about automatic approval IF EX does not object proper right after corrent notice is given.
My guess is you moved out of NY w/o offical one thing?
My study is NY leans favorably  as to what is excellent for youngster.
Some instances appear to read that if Mom moves 1st andcourt holds move is greatest for kid--she wins anyway --but couple of would suggest that as appropriate way to do it--its not.--But it might suggest if you left NY some time ago you have an edge as to leavingNY element.
To move so far as to defeat other folks parents potential to visit  may well operate against you or you may properly be essential to pony up for his visitation expense.
Particular may possibly assist if there was a good school and superb /far much better job in FL  or somegood point why its beter for kid.  Other posts correct right here that study like  one wants to go bounce sheets with new lover discovered on net positive never ever study like the kid comes out ahead .
 
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May I Enter Trouble Just

Postby yehudi » Fri Dec 20, 2013 8:46 pm

If your state says this really is satisfactory I'd send him a expert letter of the move and wait the required period of time prior to shifting. IT would not be worth it in the occasion that you get located in contempt - appropriate? My looked at course men and women go on a typical basis and if he's no interest in visits he might in no way possibly know until one thing pops up- mightn't truly be preferred but then once more who knows?
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Can I Get In Trouble

Postby matchitisiw » Sat Dec 21, 2013 6:01 pm

She'd want to do all this even though there's no "proper" proper paperwork? She stated there is nothing declaring visitation rights for your father. Is that merely implied? I am confused.
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Can I Get In Trouble

Postby hadar28 » Tue Jan 07, 2014 8:49 pm

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Can I Get In Trouble

Postby Baxter » Mon Jan 13, 2014 3:15 am

OP consists of a modest specific reality pattern and she'd be a single heck of a excellent deal wiser to examine alternatives with a properly-seasoned PA family members law lawyer
Its likely suitable that missing a custody order to the counter she's liberated to proceed to her hearts content.
It may be end-of something which never ever occurred -- if Father ignores using action...
Had been Dad a PA resident and have been to quickly challenge the relocate PA  he might have excellent chances to avoid it before dust cleared as effectively as return the child to PA as the dust cleared --but Dad is not a PA resident and returning the youngster to PA is  not entirely reasonable.
Much smarter to straighten out alternatives  with Pennsylvania counsel--and when there is a decreased threat doorway to quickly move you take actions consistent with threat evaluation with your counsel. The final component of earth you want to do is blab to friends, adversary, family, visitors  or EX about anything that may inform  EX  to take any actions to comprehensive something!
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Can I Get In Trouble

Postby Gunter » Wed Jan 29, 2014 11:47 pm

After you feel the expense of moving he is able to document for a change of custody and visitation and request the judge to force you to maneuver back or be accountable for the expense of delivering the kid to see him.
Then if you do not conform, he is able to have you reported for contempt.
It is possible he mightn't do anything more if you transfer. It is as much as you if you wish to move the dice and take that threat.
 
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Can I Get In Trouble

Postby Moketaveto » Sat Feb 08, 2014 4:41 pm

Absent an order one may have more rights to do as one pleases--------------
It may be possible to use the rules to the end you desire--but get thee to counsel!
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Can I Get In Trouble

Postby Jarah » Thu Feb 13, 2014 6:47 pm

Because it appears Pa would have authority on the custody issue,  you'll find quite specific needs regarding relocation which pertains to whoever has custody rights- which generally would contain the father.  Usually, you should provide written notice, certified, return-receipt, with information on the planned relocation((9  specific places need certainly to be resolved) along with a counter affidavit which he can utilize to subject for the relocation along with a caution when he does not record an opposition within thirty days, he's foreclosed from objecting.
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Can I Get In Trouble

Postby kelven » Fri Feb 28, 2014 11:40 am

Father still has custody rights.  Many parents don't have court ordered custody or go through the courts and arrange custody amongst themselves.
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