Moving Out of the Area?
After the termination of a relationship, issues may still arise that require court assistance to alter a current custody order. When one of the custodial parents wishes to perform a geographical move, the relocation will first need to be approved by the court or consented to by the non-relocating parent. In some circumstances, relocation cases can turn into serious, complex battles between the parties. If you are in need of legal guidance on a relocation issue, you should discuss your circumstances with an attorney from our firm.
What To Consider.
When the court is deciding on the outcome of a relocation case, it uses Pennsylvania's Child Custody Act as the foundation. Relocation under this act is defined as "a change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights."
The parent who is pursuing the relocation that will significantly impair the ability of the non-relocating parent to exercise their custodial rights will need to provide formal notice to the non-relocating parent of the move.
In order for this relocation to be approved, all parties with custodial rights must consent to the relocation or the court must approve the proposed relocation after a hearing. Any party with custodial rights to the child is also permitted to file an objection to the proposed relocation, therefore grandparents often have standing to voice their opinion regarding a relocation of a grandchild.
In the state of Pennsylvania, the court will consider a range of factors before approving or denying the relocation. Some of the factors include:
Nature and duration of child's relationship with the relocating parent
Impact of the relocation on the child
Age, developmental stage, and needs of child
Child's preference, if he or she is old enough and mature enough to express it
Above are only some of the considerations that the court will make when assessing a relocation request. If you have any questions or concerns, regardless of what side of the situation you are on, get in touch with our firm at once. Contact The Maroto Law Group for experienced representation.