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

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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 14 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 14 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.


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