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Sole Custody move out of state?

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Anjelita

Member
What is the name of your state (only U.S. law)? PA

I recently gained sole custody of my 10 year old son. This is following a criminal case for child abuse from 2009. Father was ordered to complete parenting classes, anger management, a psych evaluation and counseling before any form of visitation could be established.

My order reads:

"Mother shall retain primary physical and sole legal custody of the child. Father failed to appear. The court has had no information as to whether father completed the evaluation and counseling. No further action will be taken by the court unless and until father petitions to reopen this matter."

Does this mean I am free to move out of state if I want? Does anything special have to be done before I leave like notifying the other parent or reporting my new address? What would this mean in terms of my husband eventually being able to adopt my son?

I've been married for a year/living together with my husband acting as step parent for 3 years. My son has not had any contact with his father for 2 years + outside of court hearings. Father expressed at the last hearing he attended that he no longer wanted to see my son.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? PA

I recently gained sole custody of my 10 year old son. This is following a criminal case for child abuse from 2009. Father was ordered to complete parenting classes, anger management, a psych evaluation and counseling before any form of visitation could be established.

My order reads:

"Mother shall retain primary physical and sole legal custody of the child. Father failed to appear. The court has had no information as to whether father completed the evaluation and counseling. No further action will be taken by the court unless and until father petitions to reopen this matter."

Does this mean I am free to move out of state if I want? Does anything special have to be done before I leave like notifying the other parent or reporting my new address? What would this mean in terms of my husband eventually being able to adopt my son?

I've been married for a year/living together with my husband acting as step parent for 3 years. My son has not had any contact with his father for 2 years + outside of court hearings. Father expressed at the last hearing he attended that he no longer wanted to see my son.

I would get the opinion of a local attorney. I would guess however that with your set of facts that ultimately you would be able to relocate with the child if that is what you wish to do. Certainly a judge could not justify giving primary custody to dad at this point.

Adoption is an entirely different story. Don't even think about that right now. Give it a few years before you consider that.
 

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