Interpretation of Rule

[Feelincrazy]

Socrateaser,

My husband and his ex have joint legal custody, with primary residence being with the ex.  Both homes are in Lehigh County, PA.  Husband has visitation in his agreement as every-other weekend and 1 night during the week. In the papers it is states that they will share 50/50 day care.

Last year, their 17yo daughter had a boyfriend who lived in New Jersey.  The ex allowed the daughter to go out of state to stay with the boyfriend against my husband's wishes (He stated clearly that he did not want her to stay with the boyfriend).  The ex stated that since she is the custodial parent that she can do what she wanted.  Siince the daughter is 18yo not the issue is pointless, except that it is happening again with the 10yo son.

Ex has fallen on financial hard times, and has decided that she will send their son (10yo) every other week to his mom's house in New Jersey instead of having him at the YMCA as was the plan over the summer.  

For the other 5 weeks, the ex is stating that it is my husband's responsibility to have the 10yo (he does not have summer written in the agreement) at our home, or pay for day care himself.

Husband has told ex that he does not give his permission for the 10yo to be out of state during those weeks, it will affect his weekly visitation.  Ex states that he needs to show her a statute or rule that she cannot take children out of state without his permission.

His frustration lies with the fact that she feels she can divest herself of her children this summer without regards to his missing out on his time with his son.  Husband has tried to get her to consider split custody (we live within 20 minutes of each other), but she states she cannot afford financially to lose the money he gives.

The only "rule" husband could find was:

http://www.pabulletin.com/secure/data/vol30/30-31/1274.html

 (a)  GENERAL

   (1)  A ''relocation'' is a change in the principal residence of the child(ren) for more than thirty days that significantly impairs the ability of the non-relocating party to exercise his/her custodial or visitation rights.

   (i)  Any interstate move is automatically deemed to be a relocation

Ex states that husband is grasping at straws and that, since it is only 5 days a week for 5 weeks, it is not 30 days and she can do what she wants.

1.  Does "any interstate move" mean ANY INTERSTATE MOVE?  I know that this mainly pertains to the custodial parent "moving", but...

2.  If this rule does not work for my husband, is there any other rule that would help?

Thank you.

[socrateaser]

My interpretation of the court rule that you have referenced is that "any" move out of state is a relocation, regardless of the duration.  Mother could argue that this isn't a move at all -- merely a visit with grandma.
However, such a visit would be contempt of your visitation orders, because you have the right to the child at those times and dates. The court will want to know how your visitation is impaired by the mother's actions, and it will come down to reasonableness. If the distance is substantially greater than a 20 minute drive (my guess would be 40 minutes or more, then the court would side with you and probably view mother's actions as contempt of court).

So, how far, in both time and distance, is the grandparent's home, from your court ordered transfer point? If it's less than 40 minutes, I'd say you're probably wasting your time. If it's 40 minutes or more, then I'd say you have a good case for a contempt citation.

[Feelincrazy]

The grandparent's home is 1 1/2 hour away (1 way)

[socrateaser]

OK, well I would write the other parent (certified mail, or served by a disinterested third party) and simply state that if the child is not within a 20 minute drive from your regular transfer point (i.e., either the child's residence, or some other "court ordered" transfer location), when it is your visitation time, then you will be forced to file a motion for contempt, and that if she needs a modification of the current custody/visitation orders, then she should either agree to stipulate to the change with you, or ask the court to order the change in advance.

Make certain that you have some disinterested third party with you when you go to pick up the child, because you will need a witness to the fact that the mother has violated the court order -- otherwise, you will not get a contempt order.