My divorce is not yet final. My ex and i were going to move back to OH together with our kids. He left me annd my possessions here in OH and is now headign for TX to relocate there (at least that is what he indicated to his family). Luzerne Co PA is where everything was filed. Is he in violation? He has physical custody, we have standard visitation and shared legal custody. He has not told me where he is going (nor has he told the children). Do I have to petition Luzerne county PA for custdy since that is where everything was filed?
Wow, we have such parallels. I am in divorce/custody battle in Ohio and my husband is living in TX. No custody has been decided yet, but I hope it goes my way and he is out of it completely.
He really wanted to try to say I am not a resident of Ohio b/c we were planning to move to TX, but I've been here for over a year with the kids.
Good luck with your case. I have no answers for you. This is all new to me as well.
By interstate compact, the decision about what happens with the children belongs to the state they spent the last 6 months in before the divorce was filed.
So I guess the real question is how did the divorce get filed in PA if you're in Ohio? Are the kids with you in Ohio or did he take them with him? Has he maintained the process through PA?
It's possible you might be able to dismiss the case in PA (which I understand takes an unreasonably long time to resolve) and re-file in either Ohio or Texas, but that might be impossible if you've got a situation where the "home state" of the kids is considered to be in PA.
So the first question needs to be where have they been living the past 6 months... well... also, when was the divorce filed, why was it filed in PA, and where were the kids at THAT Point and for the 6 months immediately before that?
How old are the kids, and do they want to go back to PA?
FOr now, because there's a case open in PA and the two of you have not agreed to dismiss it & file it in either Ohio or Texas, you're kind of stuck in doing anything that has to be done, in PA.
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