Hi My ex and I Split and he has Physical primary custody of my child...at the time of the court hearing we both agreed(after much pressure of him) that the child would live with him due to stabilty reasons..staying in the same home that she has lived in since a baby and the fact that he has other children from a prevoius marriage in which our child was brought up with. We both felt that stablity would be in the best interest of the child at the time....and this is stated in the court records..We do live in the same town and I do see my child faithfully 4 times a week..However, now my ex is stating the he will be moving to Texas..I live in PA ....Can he do this? Will the fact that it states child will remain with him for stabilty reasons in the original court records hold any water? I believe that he is promising my child the world when they move...and brainwashing her in some way to persuade her to stay with him(i do pay child support)...he also states that my child will be the deciding factor in the court as to whether or not child goes with him or me..that the child will tell the judge what the child wants. Does the judge base a decision on what the child says?the child is 12. so here are my questions.
In the state of pa...
1) can a primary physial parent relocate?
2) i beleive child is being brainwashed to tell judge they want to live with him..how old does child need to be for judge to base verdict on what child says?

Any info anyone can give me regarding a parent relocating would be great..PLEASE KEEP IN MIND THE WE BOTH CAME TO AGREEMENT SOMETIME AGO STATING CHILD SHOULD STAY WITH HIM DUE TO stabilty reasons(staying in same home)

Thanks so much

My suggestion is that you go to court to seek primary physical custody of the child on the basis that when you agreed to the current arrangement, it was with the understanding that the father would remain in the area so you can continue to be an important and on-going physical presence in your daughter's life and so she would stay in the only home she had known. Now that is about to change, you would like the court to issue an order to prevent the move of the father or to give you primary physical custody so that the child can remain in the area where she has lived and grown up and has you and other family presumably around. At age 12, the court can listen to her, but usually high school age, age 14 and up, is the age when the court gives the child's wishes more credence. So she is not quite old enough to have the court side with what she may be brainwashed to say. I suggest consulting with a local attorney. Most offer free consultation and you need to find one who has been successful in this kind of situation. I also suggest consulting PA child custody guidelines and policy.

ELKLAW THANKS YOU SO MUCH FOR YOUR REPLY.......the records do not state that he must stay in the state, just state that child will live with him due to stabilty reasons...also, when we were together my child did attend extra activities within the school and also religion classes since 5yrs old which she needs to receive all her sacrements..she did not attend this past year while living with him, because he has no time..he works to much according to him...should I get letter from church stating this? will it help?also, according to original paperwork it states I have alternating holidays...I haven't had one.........he to pay percentage of dr. bills....hasn't paid..sent me letter stating that he says I could pay dr.bills...........states that transportation is to be shared..he hasn't provided any transportation yet...Will all this help me??????Does not provide me with any school note or report cards..all this being indicated in original court papers.......his main thing is he works all the time, and has no time for any of this things.......I believe I HAVE THE UPPER HAND HERE,at least I hope I do.....Unfortunately, I can't afford a lawyer, so i will have to do it on my own..However, a lawyer did tell me that if I continue to not give consent he will be stuck here in Philadelphia.....I did go to the court house and explained to them that dad wanted to move and they told me to get a lwayer they can't do anything.......what do you do if you cant afford one? apparently, public defenders do not represent custody cases any longer in pa..according to clerk.....thanks again