How Does Relocation Affect Child Custody Arrangements in Pennsylvania?
Most child custody orders in Pennsylvania firmly address the matter of relocation. If the move you’re considering is a significant distance away, you’ll need the signed consent of your children’s other parent or the court’s approval. The child custody order that’s currently in place is legally binding, which means that it’s important to effectively resolve the matter of relocation prior to moving. Our experienced Lancaster child custody attorney at the Law Office of Stephen W. Grosh welcomes the opportunity to help you.
Defining Relocation in Pennsylvania Cases
Many states only require action on the part of the primary custodial parent regarding relocation if the move crosses state lines or is more than a specific number of miles away. Pennsylvania, however, is not among them.
Instead, relocation in PA must be addressed when the primary custodial parent proposes a move that significantly impairs the other parent’s ability to exercise their custodial rights. In other words, each case must be considered in relation to the unique circumstances that apply.
The basic rules for relocation include the following:
- The parent proposing relocation must notify the other parent at least 60 days prior to the proposed move.
- The notice should include the reason for the move, the new address, the new school district, the names and ages of everyone who will be living in the new home, and a proposed revision of the child custody schedule.
- The notice must be in writing, must be sent by certified mail, and must request a return receipt.
- The notice must include a counter-affidavit for objecting to the proposed relocation and must instruct the recipient that objections must be filed within 30 days of receipt.
If your children’s other parent objects to your proposed move, the matter will proceed to court, and working closely with a savvy child custody lawyer is always advised.
Your Relocation Hearing
In response to your ex’s objection, a relocation hearing will be scheduled at the Lancaster County Court of Common Pleas. At this hearing, the judge will take the following primary relocation factors into consideration:
- Each parent’s level of involvement in raising the children to date, including in relation to providing access to other important people in the children’s lives
- The children’s ages, developmental stages, and unique needs, and the likely impact of the relocation on their overall development
- How feasible it is that the relationship between the non-relocating parent and the children will be preserved, taking factors like logistics, expense, and time into account
- The preferences of those children who are considered mature enough to share them
- The reason for or motivation behind the move
Our Experienced Lancaster Child Custody Lawyer Is on Your Side
Steven Grosh at the Law Office of Stephen W. Grosh is a focused Lancaster child custody attorney who appreciates the significance of relocation efforts and has the legal skill and drive to make a big difference in the outcome of your case. Learn more by contacting us online or giving our firm a call at 717-208-4599 today.
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