If at all possible please try to attend one of our chapter meetings.
At a meeting you can speak with other individuals dealing with similar issues to those that you are dealing with and this will allow us to go into your situation is more detail.
A listing of meetings can be found under the Resources outline on the left side of our home page (www.paface.org).
As to the question that you raised, the section of the custody statute (law) regarding relocation can be found at the listing under PA Custody & Support under Resources. The beginning of section 5337 states...
§ 5337. Relocation.
(a) Applicability.--This section applies to any proposed relocation.
(b) General rule.--No relocation shall occur unless:
(1) every individual who has custody rights to the child consents to the proposed relocation; or
(2) the court approves the proposed relocation.
...Although it is more critical that the primary custodian seek permission of the partial custodian and the court before making a move that will necessitate a change in how custody is facilitated, it is my belief that all parties should practice full disclosure to have the most beneficial co-parenting and demonstrate a sincere regard for how the change in circumstance will affect the parties children.
As such, the simple answer is Yes, that it applies to both.
If both parties agree to how custody should be changed to accommodate the relocation, the simplest means of making the change is to file a stipulation with the court.
In most instances, the easiest means of doing so is for the parties to submit signed correspondence of their agreement to the court for the court to file as an amended order or as a new order.
If you find this helpful, then please help us out - join or donate - info for doing so is under About Us at the Join link.
Thank you. because the non primary parent moved and did not inform me until the move had already occured. I have no idea who he is living with, where I am sending my child during his time, and he has failed to give me a new verified address. Our court order states the exact rule of relocation. Does this put him in contempt of court?
You can file a petition to find the other parent in contempt of an order, but only a judge can make that determination.
We would recommend that you first request the information that you seek directly from the other party in writing. In that correspondance, you should mention that if they fail to respond within a certain period of time, that you will have no other choice, but to seek relief from the court if they fail to respond. Once you get the information, you can either try to stipulate to the change in custody directly with the court or you can file a petition to modify custody with the court. Asking the court to find the other party in contempt should only be done if the other party is not cooperative. A contempt finding can be made without any punishment, so unless you ask for something specific (sanctions, modifications) it can be a big waste of time and a major frustration. It would be better that you demonstrate to the court that you are trying to coparent and the other parent is the problem.
We hope that this helps.
Best interest of the children should always be controling.
RELOCATION OUT OF COUNTY (not country) PLEASE HELP!!
Thank you for contacting Pennsylvania FACE.
If at all possible please try to attend one of our chapter meetings.
At a meeting you can speak with other individuals dealing with similar issues to those that you are dealing with and this will allow us to go into your situation is more detail.
A listing of meetings can be found under the Resources outline on the left side of our home page (www.paface.org).
As to the question that you raised, the section of the custody statute (law) regarding relocation can be found at the listing under PA Custody & Support under Resources. The beginning of section 5337 states...
§ 5337. Relocation.
(a) Applicability.--This section applies to any proposed relocation.
(b) General rule.--No relocation shall occur unless:
(1) every individual who has custody rights to the child consents to the proposed relocation; or
(2) the court approves the proposed relocation.
...Although it is more critical that the primary custodian seek permission of the partial custodian and the court before making a move that will necessitate a change in how custody is facilitated, it is my belief that all parties should practice full disclosure to have the most beneficial co-parenting and demonstrate a sincere regard for how the change in circumstance will affect the parties children.
As such, the simple answer is Yes, that it applies to both.
If both parties agree to how custody should be changed to accommodate the relocation, the simplest means of making the change is to file a stipulation with the court.
In most instances, the easiest means of doing so is for the parties to submit signed correspondence of their agreement to the court for the court to file as an amended order or as a new order.
If you find this helpful, then please help us out - join or donate - info for doing so is under About Us at the Join link.
Best regards,
Bucks FACE
Thank you. because the non
Thank you. because the non primary parent moved and did not inform me until the move had already occured. I have no idea who he is living with, where I am sending my child during his time, and he has failed to give me a new verified address. Our court order states the exact rule of relocation. Does this put him in contempt of court?
Thank you. because the non
Mdblkwmn,
You can file a petition to find the other parent in contempt of an order, but only a judge can make that determination.
We would recommend that you first request the information that you seek directly from the other party in writing. In that correspondance, you should mention that if they fail to respond within a certain period of time, that you will have no other choice, but to seek relief from the court if they fail to respond. Once you get the information, you can either try to stipulate to the change in custody directly with the court or you can file a petition to modify custody with the court. Asking the court to find the other party in contempt should only be done if the other party is not cooperative. A contempt finding can be made without any punishment, so unless you ask for something specific (sanctions, modifications) it can be a big waste of time and a major frustration. It would be better that you demonstrate to the court that you are trying to coparent and the other parent is the problem.
We hope that this helps.
Best interest of the children should always be controling.
For the love of our children,
Bucks FACE