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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My sister-in-law lives in DE with her soon-to-be exhusband.

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My sister-in-law lives in DE with her soon-to-be exhusband. All of her family lives in PA. She wants to move with the kids to PA to move in with us until the divorce is final and her ex starts paying child support. Can she do this without his written permission? The divorce proceedings have not yet begun (no one has even filed yet)
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.

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Yes. As long as she doesn't do it without telling him where the children are being taken (that's parental kidnapping), she can move since both of them have a natural right to the children w/o court orders. KNOW: A geographical restriction is a doctrine sometimes embedded into the divorce decree, or can be asked for before or later by either party against the other party. It states that either party cannot leave the county/state/country with the kids unless the other parent allows it.It is usually put in if either party has a history of trying to kidnap the child, or doing so, or threatening to.Assuming it is not in the orders, a party, once they learn the other party wants to move, CAN file a Motion for Temporary Restraining Order and ask for a geographical restriction. That doesn’t mean that they would be successful, but the person that wants to move should be prepared for that possibility. The party that files would need to prove that the move is “not in the best interest of the child,” and/or is being done to simply make visitation harder.If the party that is moving has reasons such as family/work/etc. and and a plan for the future, the Judge usually lets them go. Be prepared, if the ex is serious though, for a filing and a quick hearing on the matter. The problem is, if the move is executed now, the jurisdiction for this hearing stays in the state where the child has lived for the last 6 months, and the county where the child has been for the last 90 days. So there is a slight possibility that if one moves, the other files, and the moving party has to come back for the hearing to defend themselves. It’s possible, but unlikely.<BRIn any case, one should proceed as though no filing will be done. Arrange the move, notify the court and the other party via certified letter as needed in the orders (default is 30 days, but sometimes it’s 60 or 90; if silent - 30), and go. If they file for temporary orders before or after the move, come to court for a quick hearing, win, and then go back to life.

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Customer: replied 7 years ago.
I'm sorry, but I do require a bit of said my sister-in-law needs to notify the court and her soon-to-be ex via certified letter within 30 days that she is moving the kids out of state.
1. Is the 30 days prior to the move or after the move?
2. Which court would she need to notify and to whom (which department) would she need to direct her notification?
3. Would it help if in the notification letter she expressed her "plan for the future"?

Thank you again for your time and attention!!
Expert:  Ely replied 7 years ago.
If there is no court order, then you can ignore that paragraph that talks about the letter, so sorry. :)

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