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:
Same Sex Marriage
Montgomery County Same-Sex Marriage Attorneys
Your Guide in Same-Sex Marriage & Divorce in Bucks, Chester, Delaware & Philadelphia Counties
Pennsylvania has recognized same-sex marriages since May 2014 when a U.S. federal district court judge ruled that Pennsylvania’s 1996 statutory ban on the recognition of same-sex marriage was unconstitutional. Before then, Pennsylvania prohibited same-sex marriage and refused to recognize same-sex marriages performed in other states. In June 2015 the U.S. Supreme Court ruled in Obergefell v. Hodges that all states must issue marriage licenses to same-sex couples and recognize same-sex marriages validly performed in other jurisdictions. This significant decision legalized same-sex marriage throughout the United States.
Just as same-sex couples have the right to marry, they have the right to divorce. At Shemtob Draganosky Taylor Stein, PC, our attorneys are experienced in same-sex divorces and are committed to providing dedicated advocacy for same-sex couples. Contact us today to schedule an appointment with a skilled attorney.
Contact us online or at (215) 544-3974 to schedule an appointment to discuss your concerns with one of our skilled attorneys today.
Understanding Divorce Proceedings for Same-Sex Couples
Same-sex divorcing couples have all the same rights and obligations in divorce proceedings as heterosexual couples. Note that a required element of your divorce forms is noting down the date of your marriage. If you and your spouse married in another state prior to 2014 (prior to Pennsylvania’s legalization of same-sex marriage), that marriage will still be recognized in Pennsylvania for the purposes of divorce, and you should list that date as the date of marriage (not the date Pennsylvania legalized the marriage).
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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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Former Clients Say It Best
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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
Legal Rights for Adoption & Child Custody
Same-sex parents also have important legal rights to adoption and child custody, and a family law attorney can explain your parental rights to you. Even if there has not been adoption by one partner, that person may have established a significant parental relationship with the child, whether or not it is their biological or adopted child. The federal Supreme Court has ruled that a same-sex co-parent may petition to adopt their partner’s child. Our attorneys can counsel you through your adoption process and unite your family.
Same-sex spouses also both have parental rights to their children in the case of custody disputes following a divorce. Whether a biological or adoptive parent, you may have the legal right to file a Pennsylvania Custody Complaint to pursue custody rights. Our firm can help you navigate this process appropriately.
Exploring Philadelphia Domestic Partnerships
Note that the city of Philadelphia also offers a domestic partnership registry which is available to residents of Philadelphia or couples where one of them works in Philadelphia. For more information about your legal rights or to discuss your particular situation with a lawyer at our firm, contact us to schedule a consultation.
