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I left the state, anyone done this?

megeliza31megeliza31
in Single Parents

When I left H I ended up leaving WV and getting my own place in PA.  I'm only about an hour and a half or less away from where H lives since we live basically on the state line.  I've heard that crossing state lines can sometimes cause problems and jeopardize the custody and such.  I didn't have much of a choice since it was all I could find that I could afford and it's not like I went hundreds of miles away.  Anyone have any experience with this?  Did it weigh anything in X's favor?

For what it's worth I will without a doubt be the one filing for divorce/custody etc since H cheated and will do anything he could to prevent the word from getting out.  By filing for divorce the situation would be revealed to those he has to work with every day.  (especially if I have the papers served through the sheriff department - his own coworker would serve him the papers. HAHAHAHA)

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Re: I left the state, anyone done this?

  • mrgnmrgn member
    I have no experience with this... but hilarity will ensue if it is indeed his coworker serving him papers!
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  • DarthNBJenniDarthNBJenni
    If you are still legally married and there is no custody arrangement, then it is perfectly legal for you to take your child out of state. He'd have to file for some sort of custody before an issue would arise.

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  • megeliza31megeliza31
    Thanks for the insight.  And yes, the extra $25 to have the sheriff department serve the papers rather than simply mailing them is work every penny. I'd be willing to pay much more if necessary.  :)
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  • ErinC27ErinC27
    Without knowing either state too well, I would say it may be better to file in PA. That way you won't be compelled by the courts to move back to WV. 
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  • MrsMammayMrsMammay member

    imageDarthNBJenni:
    If you are still legally married and there is no custody arrangement, then it is perfectly legal for you to take your child out of state. He'd have to file for some sort of custody before an issue would arise.

    This.

    I'm not sure how long you've lived in PA, but you have to be there six months to meet the residency requirements to file there.

    https://www.divorcesource.com/info/divorcelawsreq/pennsylvania.shtml

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  • megeliza31megeliza31
    He does know about me moving, didn't exactly ask his permission but I have kept him well informed.  I'm hoping the fact that I am actually closer to where H lives by living in PA than I was the past three months when I lived with my parents in WV.  I don't plan on being here more than a year or so and have no intentions of changing everything (drivers license, car, etc) over to PA if at all possible.  I'm in school still so I'm hoping I can have this as a "temporary address" and use my parents as my "permanent address." Maybe the courts will take into account that I'm closer even though I'm technically living in another state.  Most things in this area are somewhat forgiving with interstate relations since you can pass through 3 states in less than 5 miles. 
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  • gaspergasper
    Most states have a 100 or 150 mile "rule" were basically if the move is less than a certain distance (even across state lines) then it doesn't effect custody.  Just depends.  he could make a stink though, because technically moving the child across sttae lines can be seen as bad.  But if you are willing to keep court jurisdiction in WV it shouldn't be a biggie.  If you try to change jurisdiction to PA you'll have problems.  So it does mean any court appearance will mean a longer drive for you but nothing crazy.
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