It is a normal occurrence in the life of most people to move from one home to another in the same county, a different county, or even out of state. When parents of a child do not live together and share custody of that child, moving to a new home is not as simple as it may seem. Custody law in Pennsylvania requires that parents follow a specific “relocation” procedure if the proposed move impacts the current custody arrangement.
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Relocation is defined as “a change in residence of the child which significantly impairs the ability of the non-relocating party to exercise custodial rights”.
Pennsylvania child custody law focuses on the residence of the child, versus of the residence of the parent. In other words, nothing in the law prevents you from moving to a new home on your own. The question is, if the child is moving with you, does this proposed move impact the child’s ability to have a relationship with the other parent?
For example, a mother in Montgomery County has joint physical and legal custody of her children. The father resides in Bucks County. The mother obtains a job offer in Virginia and would like to move the children with her to Virginia. In this situation, the move or relocation would clearly and significantly impact the custodial rights of the father.
What qualifies as a relocation depends heavily on the custody arrangement in place and the level of impact the proposed move has on the arrangement. A parent seeking to move with the child must follow specific procedures to either get agreement to relocate from the other parent or approval from the court before making the move.
When evaluating whether a relocation is appropriate, Pennsylvania family law courts will evaluate the following factors:
If you are considering moving with your child, make sure to contact your child custody attorney first to avoid unwanted consequences and ramifications.
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