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Roger
Roger, Attorney
Category: Family Law
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I was granted sole legal and physical custody of my daughter

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I was granted sole legal and physical custody of my daughter and son back in 2010. Their father was granted one hour of supervised visitation to be set up through a specified visitation program. His then/now significant other was specifically mentioned in the custody order as to not have any contact with the kids. All of this was ordered in the state of Pennsylvania, as he was living in that state at the time and I was living in Maryland. He wasn't consistent with keeping his visitation appointments. The supervisor kept track of it, but I'm almost certain that he canceled more often than he attended.

Now we are both living in Maryland and the visitation program coordinator decided that they would no longer take our case and we would have to work out something on our own. He saw them once in the beginning of March 8, 2013 and I supervised, however, he brought the partner who isn't to have contact with the kids and her two kids, so I personally saw it as family time and not necessarily time for him to spend with my two.

I didn't hear from him again until recently on August 2, 2013 and he is wanting to spend more time with them alone, stating that neither of the kids are legal PA residents and we're not operating under any current custody arrangement. I replied the next morning after thinking about it and deciding that I can talk to him about it, but it doesn't mean I have to agree to anything, and I asked how he wishes to discuss it. I didn't get an answer until today, August 15, 2013.

So it has been over 5 months since he has seen or talked to the kids. I know he can't keep a steady job and he would be bringing the kids around the person who is legally excluded from contacting them.

Is the custody order null and void since none of us are residents in Pennsylvania? Do I still have the right to tell him that his visitation will be supervised and he cannot bring his significant other around them? Do I have to allow him extended time alone with them after he disappears from their lives for 5 months? The kids don't ask about him anymore. I had previously asked my Pennsylvania attorney if I should move the order to Maryland, but she advised against it.

I want to know my rights before I reply and before he possibly takes me back to mediation/court. In my non-legal opinion, I don't feel that he should be given that kind of visitation when he doesn't actively express interest in seeing or communicating with them...but it's possible that I'm just being a protective mother.

Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for using JA! I'll be glad to assist you.

Since you no longer live in PA, the order should be moved to the state of your new residence.

First, the custody order is NOT null and void since you've moved. Under the Uniform Child Custody Jurisdiction Enforcement Act, the order would be valid in Maryland just as it is in Pennsylvania. However, you would need to file a petition to transfer the case from PA to MD and as the court in your county to take over administering the case - - including the enforcement of the visitation/custody order.

Yes, you still have the right to demand supervised visitation - - but you should consider petitioning the court to ask that it take over the administration of your case. This will make it easier for you to enforce.

NO, you do not have to allow him extended time alone with them after he disappears from their lives for 5 months.

Thanks for allowing me to assist you, and if you have any additional questions, please don't hesitate to ask.
Roger, Attorney
Category: Family Law
Satisfied Customers: 27200
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I really appreciate your reply.

I do have another question about filing a petition to move the custody order from PA to MD. When I file the petition, will the MD court re-assess the custody order (because it did when my ex-husband filed to move the child support order, though he may have requested it be modified) or will it only be transferred and nothing should change until one of use requests the order be modified?
Expert:  Roger replied 1 year ago.
Hi - thanks for your question.

Generally, nothing changes just because the case is transferred from one state to another. Instead, after the case is transferred, a motion to modify the custody order could be filed.
Roger, Attorney
Category: Family Law
Satisfied Customers: 27200
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 6 other Family Law Specialists are ready to help you

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