Separated and going through a divorce. No custody in place yet. Can she move the children from PA to WV?

Asked on June 1, 2009 under Family Law, Pennsylvania

Answers:

Joanna Mitchell / Joanna Mitchell & Associates, P.A.

Answered 11 years ago | Contributor

In most states, there is some sort of statute or court order that prohibits one party from leaving the State, and in some cases even moving more than 10 miles, with minor children while a divorce is pending without either written consent from the other party or prior court approval. Therefore, if you have information that she may be relocating in the near future, I would strongly suggest that you retain an attorney to file the appropriate paperwork to prevent her from doing so, as it is always easier to prevent her from leaving than to bring her and/or the children back.

Joanna M. Mitchell / Mitchell & Associates, PA

Answered 11 years ago | Contributor

In most states, there is some sort of statute or court order that prohibits one party from leaving the State, and in some cases even moving more than 10 miles, with minor children while a divorce is pending without either written consent from the other party or prior court approval. Therefore, if you have information that she may be relocating in the near future, I would strongly suggest that you retain an attorney to file the appropriate paperwork to prevent her from doing so, as it is always easier to prevent her from leaving than to bring her and/or the children back.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.