Mykki
New
Reged: 06/03/08
Posts: 9
Loc: leaving PA
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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?
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jersey girl
Platinum

Reged: 08/07/06
Posts: 1515
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If you have enough for residency in OH, then you have to file for a change in venue. If not, then yes, it is all done there.
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Mykki
New
Reged: 06/03/08
Posts: 9
Loc: leaving PA
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well, I don't but neither does he and he has the kids. this has just become more complicated - he doesnt' meet the 90 day separation period - I'm pregnant with his baby now - jsut found out
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KGrow
Platinum

Reged: 01/27/06
Posts: 3110
Loc: Colorado
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You've both left PA so despite any understanding you had, neither of you is any more "in violation" than the other. The pregnancy will put another wrinkle in things. Some states don't allow a divorce to be finalized until the baby is born. I don't know if PA is one of those.
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Mykki
New
Reged: 06/03/08
Posts: 9
Loc: leaving PA
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right - well Pa has that mandatory 90 separation period but seeign each other daily and getting Pg during that time precludes being "separated" so I have no idea what the court will do. I'm calling tomorrow to find out
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theanswerguy
Platinum
 
Reged: 04/12/07
Posts: 2147
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PA has jurisdiction . Having him served with custody modification papers will be difficult if you don't know where he is .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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