Submitted by smartandcute on Mon, 08/18/2014 - 20:22


I am a resident in PA and have sole legal and primary custody of my 13 year old child, her dad has visitation rights and allowed one visit a month and no overnight visits which he hardly show up for...he lives in NY..

I just got a new job position in NJ with better job benefits which will provide better standard of it mandatory to go through court system or i can just let him know by email.

It depends on what type of person your childs father is. You need to be the judge of that. If he does not care and you are positive he does not care and will not fight the move to spite you, you should be fine sending an email.

If you know that your ex IS this type of person, and you are not sure if he will fight the move or not, you move anyway, and it disrupts the parenting plan, he can address this to the court. No matter how often he does not see the child, the harsh and unfair reality is that it is still your duty to have the child available should he decide to exercise his rights during his time. Otherwise, you will be seen as thwarting the relationship.

If you move without doing so according to the rule 23 pa. c.s. 5337, and one day he decides to fight the move through the judge because hes bored that day, This will put you into contempt of court, which can have serious penalties when relocation is concerned. The court can order you to return the child to the jurisdiction, even if you cannot afford to move back. Custody can be switched to him, you may have to pay his attorney fees, the judge may be reluctant to make any ruling in favor to your relocation, and it can change the courts opinion of you should you ever need to return to court. They will surely question your motives as to why you did not (properly) notify him if he addresses this in court.

What it all boils down to is if youre willing to take that risk.