What happens if you want to move?
In general, no relocation will occur unless every individual
who has custody rights to the child consents to the
proposed relocation or the court approves the proposed
relocation. If there is a Custody Order in effect, a party who
intends to move to a location which significantly impairs the
ability of a non-relocating parent exercising the custodial
rights under that Order, you must send a Notice which
complies with the obligations as set forth under
Title 23 Pa. C.S. §5337. The other parent may file with
the Court an objection to the proposed relocation and
seek a temporary or permanent Order to prevent the relocation.
In determining whether to grant a proposed relocation, the Court considers the following factors:
1. The nature, quality, extent of involvement and duration of the child’s relationship with the party proposing to relocate and with the non-relocating party, and siblings.
2. The age, developmental stage, needs of the child and the likely impact the relocation will have on the child’s physical, educational and emotional development.
3. The feasibility of preserving the relationship between the non-relocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.
4. The child’s preference, taking into consideration the age and majority of the child.
5. Whether there is an established pattern of conduct of either party to promote the relationship with the child and the other party.
6. Whether the relocation will enhance a general quality of life with the parties seeking relocation.
7. Whether the relocation will enhance the general quality of life for the child.
8. The reasons and motivation of each party seeking or opposing the relocation.
9. The present and past abuse committed by a party.
10. The party proposing the relocation has a burden of establishment that the relocation will serve the best interest of the child.
The goal is to demonstrate that your move is to improve the lifestyle and well-being of your child. It is our advice that prior to relocating; you have a consultation with an attorney in our office, each of whom has a great deal of experience in custody matters in general and relocation specifically. During that consultation you can explore the best paths to take to have the court grant or deny the relocation.