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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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My daughter has a stipulation and consent order regarding custody

Customer Question

My daughter has a stipulation and consent order regarding custody of her child. My grandson, her child is 2 years old. The father has been in the child's life since he was days old. Lately, he hasn't paid child support for 4 months. He was fired from his job and is currently working for a relative and is being paid cash. He drinks and drives with my grandson. Is irratic with visitation. My grandson does have a relationship with his father's family. My daughter is a Medical Assistant. She's not being paid much- $9.50/ hour, 40 hours a week. The father says he's done paying child support. He was called into court and since there's no way to track that he is working, he's going into arrears and a record will be kept of what is owed. My daughter has a twin living in Florida. She wants to move there with my grandson. She'd make a better paycheck and would still have family connection. Can she move without the father's permission? What can she do to make it possible according to PA state law
Submitted: 7 years ago.
Category: Family Law
Expert:  legaleagle replied 7 years ago.
If the custody order does not limit where she may live with the child she can move without the father's permission. It would be better to go to the court that issued the custody order and get permission in writing to move out of state. Since she would make more and the family would still be around, she has a great chance of getting permission to move. His family may contest her moving so she should try to work out a visitation agreement with them so they do not protest her motion to move.
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Customer: replied 7 years ago.
I just found out that my daughter's stipulation and consent order is not accompanied by a consent order from the judge. So it seems this means there is no custody order established in the court. Does this mean that if my daughter simply leaves and moves to Florida that she'll be charged with abduction?
Customer: replied 7 years ago.
Please cancel the above reply.

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