How Relocation Works in Pennsylvania Custody Cases
If your former spouse calls and announces that they’re moving, don’t start panicking right away. Relocation can significantly affect custody arrangements, which is why there are so many rules about handling this type of situation. In Pennsylvania, the law takes this issue very seriously. Whether you’re a parent seeking to move or responding to a proposed relocation, it’s crucial to understand the legal process.
What Is Considered Relocation in Pennsylvania Custody Cases?
Under 23 Pa.C.S. § 5322, relocation doesn’t just mean moving across the country. It includes any move that significantly impairs the non-relocating party’s ability to exercise custodial rights.
For example, this includes moves where one parent moves to Ohio or a neighboring state. Alternatively, the move could just be a few hours or minutes away. The key to whether it’s relocation or not is whether the move significantly impacts the existing custody arrangement.
How To Win a Child Custody Relocation Case in PA
If you are the parent proposing the move, Pennsylvania law requires you to provide written notice to every person who has custodial rights to the child. Under the state’s laws about child custody, this notice must be sent at least 60 days before the planned relocation or within 10 days of learning of the move. For example, you may have to move to deal with a loved one who has a stroke, so you didn’t have time to give a 60-day notice.
Your notice must include the new address you would like to live at, the name of the new school district, and anyone who will be living at that address. It should also include your updated custody schedule, the reason for your move, and a counter-affidavit form so that the other parent can approve or reject the relocation.
If you don’t give proper notice, the court can deny your relocation. It can also impact how the court views your credibility for all future parenting decisions.
For the best results, you should plan ahead and be as transparent as possible. Consult with an attorney to make sure you are following the proper legal procedures. Your argument should focus on how the move will end up benefiting the child because custody arrangements always prioritize the child’s well-being.
Additionally, remember to document everything. Keep a written record of any communications you have with the other parent, your notice letters, and anything else involving the case.
How Do Courts Decide on Relocation in Custody Cases?
Pennsylvania courts use a set of factors to determine whether relocation should be allowed. The following are examples of the things that are considered in custody cases involving relocation.
- The nature and extent of the child’s relationship with each parent
- How hard it will be to preserve the child’s relationship with the non-relocating parent
- The age of the child
- The child’s preference
- Any history of abuse
- Whether the move will enhance the quality of life for the parent and child
- The motivations of both parties, such as whether the move is primarily to deny the other parent time with the child
The court will review all of the information involved to determine the right course of action. Because of this, it’s important to make sure you keep careful records that you can use for evidence to support your case.
Can Both Parents Agree to the Relocation?
Absolutely. While your agreement doesn’t guarantee that the court will approve the plan, it can make everything easier. If both parents support the relocation, they can sign the consent portion of the notice and submit it to the court for approval. The court will usually adopt the agreement unless it finds the proposed arrangement is not in the child’s best interest.
Why the Right Legal Help Can Make a Difference
Whether you’re planning to relocate or worried that the co-parent is going to do so, getting the right legal help is important. There are many factors that go into determining child custody cases, which is why you need the right legal team on your side. At the Clause Law Group, our experienced attorneys can help you navigate all aspects of Pennsylvania family law and child custody cases.
Discover more information about our legal services in Newfoundland by giving us a call at (570) 676-5212.
