Relocation hearing in PA

[Kalkir]

I have a custody case that is close to 9 years old in PA.  I have (as the father) partial custody of my 13 yr old son, and his mom is petitioning to relocate to VA.  I have been pre se for several years now, and I have a specific question regarding PA custody law: is a Relocation Hearing a full finding of fact for modification, or is it a special type of hearing to expedite the relocation issue?

I intend to contest the petition and show that the move is more whim than necessary, and that personal spite is part of the motivation on the mother's part.  She is currently on probation for denied custodial periods in 2006; it took until Dec of 2008 to get the court ruling for a petition I filed in May of 07.  I am also filing a contempt petition for continued instances of denied legal and physical custody during the current year.

She claims she has a job offer in VA (she has been on full disability for the last 9 years), but I wish to prove that she has not made a serious job search in the local job market and that the job offer could be matched locally.  I am hoping to stop the move while I do discovery on the job issue, and I am wondering if I need to file special motions to that effect. 

Yes, I would love to just go hire an attorney, but since I just regained employment two months ago after a long stint between jobs, the costs are too prohibitve so I am hoping a resource will surface here for the answers I seek.

[ocean]

When you file you can ask that the child not be removed from home state until the court makes a decision. This keeps all visits the same...If she wants to move, she can but child will stay.

[Kalkir]

Thanks, good idea.

[ocean]

Does 13 year old want to move? They may have some say in court. You can ask for a GAL be assigned and they will interview him, ask him what he wants and report back to judge. Keep you evidence to best interest in son: not changing schools, friends, sports teams, family (on both sides?).

[Kalkir]

GAL would be a tough shot as they are not too father friendly in this jurisdiction.  Son does not want to move, but may not have the ability to oppose his mother.  He tells me he would rather live with me than move, but I temper that with the knowledge that he may be trying to "protect" me. 

I think I have two fronts to battle on: the one will be opposing the relocation petition, and the other will be pressing forward on the new contempt petition.  The contempt issues will have a lot to do with denied telephone contact and denied access to medical practitioners, as well two instances of denying custody at the point of exchange despite all parties being present for the exchange to take place. 

My first step will be to delay the presentation of the petition on this Tuesday since the new attorney did not includea copy of the contempt order as a controlling order of custody that is in place since the last custody mod order.  This will give me time to finish my petition and present it at the same time the following Tuesday. I have to give 48 hours notice before presenting it, and thus cannot present it this week anyways.  Since school lets out on Monday next, she should still be here at that point.

The judge met with my son in chambers last summer and gave us an extra Saturday each month together in response to my son's desire to spend more time with me. So I think that if my son is adamant about staying with me the judge will give it serious consideration.  I am mortified that my son is being put in this position, but he was very upset in March when she took him there this past March and said they would be moving there this summer.  I told him at that time we would wait to see if she filed the papers before we opposed her, since I thought it was possibly a feint on her part to provoke me to filing. 

Also, now that I have a decent job again I think a petition will be better received than if I was unemployed.  I hate dealing with these court appearances because of all the histrionics from my ex, but obviously at this point I must press forward again. 

My biggest concern at this moment is making sure my son stays in the jurisdiction until a decision is made.  I will be arguing that her decision for a speedy decision is due to her own delay in filing, since she made these plans in early March, and therefore created any urgency she is describing in her situation.  I also suspect she has been working for the new employer in a telecommute arrangement already, and there fore should be able to continue to do so.  She is working as a translator and that sort of work can fit in with telecommuting quite well.

Part of her argument is that she wants to be nearer her relatives; my counter will be that to the child, the relationship with his parent is more fundamental to his well being than that of extended family.

Thanks for responding;  I just got the petition in the mail today, so I am coping with my anxiety and needing the feedback.

[ocean]

There should be something you can serve her with at court this week about staying in home state. We never dealt with it but I know around here the judges to do not allow them to move while in trial. See if you can find out what you need to ask for and get it done this week at that court date. If she moves next week when school lets out then you will fighting for her to return him. I am sure the judge will not like that she is asking to move in the middle of all these contempt charges.

As you know they only give you so much time each time you get in there so talk about this FIRST and say you need to have an order today that will not allow child out of state until this is finished. This is more important than the other stuff...let the judge handle this first and see what time allows...

[Kalkir]

Very good advice, and it is focused enough of a goal that I should be able to have it with me on Tuesday when I oppose the presentation of her petition.

[Kalkir]

Pre-trial hearing, relocation hearing, and child consult in chambers to be scheduled is the result of today's proceedings.  I will be filing my contempt and custody mod petitions in 2 weeks.

Relocation hearing in late August most likely.

[Momfortwo]

Another point that I would bring up, along with the CP's history of denying parenting time, is that there is no reason to disrupt the child's life anymore than necessary.  You are more than willing to become the CP.  This way the child can stay in the same school and have the same friends.  Come up with a generous parenting plan that shows that you are willing to facilitate the mother's relationship with the child.  This would be a good time to bring up  the mother denying your parenting time as it shows she is not willing to facilitate the relationship with the child.

Oh, and ask for a restraining order preventing your ex from moving your child out of state while the courts decide if she can.   

[ocean]

That is what I was going to say..did judge say anything about her leaving next week after school gets out?