My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
Grandparent Visitation Custody
Grandparent & Third-Party Visitation & Custody Lawyers in Montgomery County
Under certain circumstances, Pennsylvania law will allow a grandparent or third party to petition the court for an award of legal and/or physical custody. The requirements for a grandparent or third party to have standing to pursue custody are very specific depending upon the type of custody sought. The attorneys at Shemtob Draganosky Taylor Stein, PC are well-versed in pursuing custody rights on behalf of grandparents and third parties.
Grandparent Custody & Visitation
In Pennsylvania, a grandparent of a child can bring an action for any form of custody (primary, partial, visitation, etc.) when the following occur.
The grandparent’s relationship with the child began either with the consent of a parent of the child or under a court order, the grandparent assumes or is willing to assume responsibility for the child and either:
(1) the child has been determined to be a dependent child under Pennsylvania law; or
(2) the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity; or
(3) the child has, for a period of at least 12 consecutive months, resided with the grandparent.
In addition, grandparents and great-grandparents, with the assistance of a lawyer, may file an action for partial physical custody or supervised physical custody in the following situations:
(1) where the parent of the child is deceased;
(2) where the parents of the child have been separated for a period of at least six months or have commenced and continued a proceeding to dissolve their marriage; or
(3) when the child has, for a period of at least 12 consecutive months, resided with the grandparent or great-grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents. An action must be filed within six months after the removal of the child from the home.
Once the lawyer for a grandparent or great-grandparent files an action for custody, a family court judge will analyze a host of factors in crafting an appropriate custody order, including the parent’s/grandparent’s ability to appropriately care for the child and provide for the child’s physical, educational, and emotional needs; who has provided parental duties for the child; any history of drug or alcohol abuse; and several other factors.
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I have to pay my ex-wife alimony for four more years. She is living with her boyfriend. Can I stop the alimony?It depends on what your property settlement says. If you have a property settlement agreement that is silent on whether or not alimony terminates upon remarriage or cohabitation, then it may not. Usually, the property settlement agreement will address that and say if it’s modifiable or if it terminates upon remarriage or cohabitation. If you did not reach a property settlement agreement, but instead went to court, and a court issued an order requiring you to pay alimony, then it is modifiable and you can petition to end the alimony as a result of the cohabitation.
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Can I move without a court order if we have joint custody and both live in Montgomery County?
Scenario:
The question really is if it will interfere with his ability to have his custody. In other words, if the children are continuing in their same private school and the drive back and forth to school and to his house doesn’t change his ability to have custody, then you likely do not need court permission. However, if the distance between your new house and your old house would significantly impact his ability to spend his time with the children, then it may be considered a relocation. This is unlikely but is certainly something to consider.
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My ex keeps taking me to court over minor parenting issues. Is there a way to stop the legal costs from adding up?
Scenario:
The father of my children and I can’t agree on anything. We can’t agree on the color of the sky. He has brought me back to court at least five times on minor issues, such as whether or not our daughter's “Blankey“ should go back-and-forth between households and whether or not I need to send diapers to his house. Is there anything I can do to stop the financial bleeding in this case?
Answer:
Pennsylvania has just recently reinstated parenting coordination. It became effective on March 1, 2019. You can request that the court assign a parenting coordinator to address these kinds of issues. They will make decisions quickly, and it is much more cost-effective. A parenting coordinator has to be an attorney who has practiced family law for at least five years or a psychologist with a minimum of a master’s degree. In addition, either the psychologist or the attorney has to have significant training in parenting coordination.
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"Highly experienced, client-focused and efficient service"
I appreciated David Draganosky’s informed guidance and willingness to move forward diligently, which set the stage for a favorable resolution. Your firm’s reputation for highly experienced, client-focused and efficient service is well-deserved.
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I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha- Former Client
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Lori Shemtob and her associates were the perfect choice. Lori has the perfect demeanor to defuse any volatile situation.- Former Client
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Cynthia’s practical knowledge of negotiation and the law helped me in a tense situation where my ex-husband did not want me to take the kids with me and then refused to pay any support.- Former Client
Third-Party Custody & Visitation
A third party can bring an action for any form of custody when the following occur:
(1) the individual has assumed or is willing to assume responsibility for the child;
(2) the individual has a sustained, substantial, and sincere interest in the welfare of the child (considering, among other factors, the nature, quality, extent, and length of the involvement of the individual in the child’s life); and
(3) neither parent has any form of care or control of the child.
However, third parties may not have these rights if a dependency proceeding involving the child has been initiated.
Contact us to learn more.
