Custody and Relocation QuestionI have sole physical and sole legal custody of my three minor children, with suspension of visitation and no ...

Question

Custody and Relocation Question

I have sole physical and sole legal custody of my three minor children, with suspension of visitation and no prejudice to the non-custodial parent for future modifications. The non-custodial parent has not spoken with or financially supported the minor children for 21 months, and has not utilized his right to modify the court since order was in place on 9/27/13. Additionally, he requested suspension of his child support obligations, which was granted based on disability.

I (custodial parent) need to relocate based upon lower cost of living and familial relationships, which will benefit both me and my minor children to have a better quality of life. I provided notice of proposed relocation, under provisions of 23 Pa. C.S. & 5337 and Pa. R.C.P. 1915-17, via certified/return receipt. Delivery was attempted three times. Subsequent to this the non-custodial parent became incarcerated, and was not at his residence on the third attempt for delivery. I have been told by court administration to re-mail the notice of proposed relocation to him at the jail. My question is, does this reset the 30 day period of time he has to respond?

Dates are as follows:

I mailed notice via certified/return receipt on 2/4/15

Delivery was attempted on 2/6/15, 2/11/15, and 2/2

Answer

First whether the non-custodial parent has paid dime one of support is not relebvant.

Second, yes it would reset the 30 days. Well in truth since there is no good service the 30 days doesn't start till service is made.

John

Answer

1. I agree with my colleague that whether or not the non-custodial parent has paid anything in the way of child support is irrelevant to his visitation rights.

2. I also agree with my colleague that the 30 days starts to run all over again when the second attempt at service is made.

I would take it one step further and explain to the Court what attempts you have made at serving the other parent. Chances are that you will get a signature when service is attempted at the jail/prison in which he is incarcerated. The onus would then be put on the father to make arrangements with the jail to transport him to Court on the hearing date.

Kindest regards,

ANDREA G. TILLIS