Feb 4, 2019

Child Custody Relocation in Pennsylvania

written by Mario D'Adamo

Over 10 years court experience. Experienced Lawyer with a demonstrated history of working in the legal services industry. Skilled in Legal Assistance, Criminal Law, Personal Injury Litigation, Arbitration, and Westlaw. Strong business development professional with a Juris Doctor focused in Law from Widener University School of Law.

When the custodial parent wants to move out of state, the court must attempt to minimize the impact on the noncustodial parent’s relationship with the child as much as possible. Judges will weigh the custodial parent’s desire to make decisions that directly affect the children, along with the noncustodial parent’s interest in playing a role in the child’s upbringing and ability to maintain a meaningful relationship with the kids.

The court must consider three factors when determining whether to grant a parent’s request to relocate with a child:

  • the potential advantages of the proposed move, including whether it will improve the quality of life for the custodial parent and child
  • the moving parent’s motivations
  • the validity of the non moving parent’s objections to the move, and
  • the availability of realistic, substitute visitation for the non moving parent.

The parent proposing the relocation has the burden of proving why the move will better the lives of that parent and the child and must also show the integrity of their reasons for moving. Once the custodial parent proves these things, the court won’t prevent the move simply because the noncustodial parent’s visitation won’t continue in the same way after the move.

Having an attorney is crucial in a relocation hearing.  Contact an experienced attorney to help you if you plan to relocate.