Can i relocate with my child?

Child Custody 3 views 1 answers
I live in wilkes barre and want to relocate to scranton closer to my job and in a safer area. My ex and I have joint custody. He currently lives in public housing illegally (he's not on the lease and is actually banned from the property) so he doesn't actually have a stable place to live as he can be arrested at any time for even being on the property, and he is committing welfare fraud living there at all without his pay documented or being on the lease. What are my chances of being granted permission to relocate? It's a different county but only 20-25 mins away. Also, my child will be starting kindergarten next year, would I be able to modify the custody agreement to him only having her on the weekends for convenience of getting her to school?

Attorney Answer

1
Kathryn Hilbush ·
First, let me say that this site is for public education rather than predicting results based on the information provided. So, the first thing I'm going to tell you to do is to consult with an experienced family law attorney on your area to learn what your courts are most likely to do in this situation. From my point of view, I'm wondering why your children are even going to stay with your ex when he's living illegally in housing from which he has already been effectively removed. If I were a judge, I'd want to ask both of you that question, not just him. Your reasons for relocating seem valid and the distance doesn't seem too far to make appropriate alternative arrangements with the dad, but only a judge can make the final determination. This is one of the several reasons why I strongly urge you to meet with and retain and attorney. In the meantime, I've given you the link to the PA Custody Law, which sets forth in Section 5337 the procedures that must be followed before relocation in undertaken.
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