[PA] Do I need to notify my child’s father before relocating to another state if he is not involved in the child’s life?

PA Family Law

Liz

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Without a formal custody order, it is a bit more vague. Legally, you could move after giving the other parent notice. If they object, it's their duty to then file in court. (23 PA Cons Stat § 5337(d)) The notice does have to be at least 60 days. (23 PA Cons Stat § 5337)

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I want to relocate to another state with my son. Even if the father is not present in his life do I still need to let him know?

Lexi, Chatbot

I understand that relocating with your son can be a challenging situation. Have you already discussed your plans with the child's father, or is this your first consideration of informing him?

First time considering of informing him.

Lexi, Chatbot

What is the current custody arrangement or legal agreement in place regarding your son?

My son lives with me and his dad is just not present. He's not on the birth certificate either. We have no custody order between us.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, is there a current custody order?

Hi nice to meet you. And no.

Liz

Great, did he establish paternity?

He’s not on the birth certificate but he's on child support. He comes a few times a year to see his son.

Liz

What state are you currently in?

Pennsylvania but trying to move to California.

Liz

Do I send a letter or can I do it through text messages? I don't know where he lives, I've asked for his address before and he never does.

Liz

Is text how you communicate?

Yes.

Liz

Since that's your communication method, you could use text.

What must I include in the text?

Liz

Because you don't have an order, it's much more informal. There's no set notice, but you would usually, as a rule, tell him when you intend to move, where you intend to move to, and how he will be able to still see the child, if he wishes.

Okay thank you, what if he's on child support?

Liz

The support would still continue, you may though want to transfer your case to CA once there 6 months.

What action should I take if he is against me moving with our kid?

Liz

It would actually then be on him to file the petition for visitation to prevent the move.

I hope I was able to help! If you have any other questions, feel free to ask.

Liz

43,836 satisfied customers

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