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ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16841
Experience:  Licensed Texas General Practice Attorney
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I live in Pennsylvania - can I move out of the state with my

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I live in Pennsylvania - can I move out of the state with my children? Their father and I are married but he moved out last week.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

So long as there's no custody order in place, signed by a judge, you can move out of the state without the consent of the other parent. No law would be broken if you were to move unless there is already a custody order in place.When legal custody has not been determined, and there is no primary custody / visitation order in place, either parent can leave the state with the child without asking for permission from a court. Now note that if he were to bring a custody action, he could do that within 6 months after you leave, and bring that in Pennsylvania. That's pursuant to the "Uniform Child Custody Jurisdiction Enforcement Act" (UCCJEA) that spells out which state will have the jurisdiction to bring a case for custody. Now if he does not do that within 6 months of the move, the other state that you move to will be the sole state that such an action could be brought.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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