Philadelphia Child Relocation Lawyer
Usually, divorced or separated parents end up having some form of joint custody over the children of the marriage. This works as long as both parents respect each other’s rights, as determined by agreement or the court. However, the parent with primary physical custody may decide to move for some reason, and in this way an action which may be due to simple geography could ultimately frustrate the rights of the other parent. As long as one parent’s decision to move will impact the custody arrangement, Child Custody law in Pennsylvania dictates that the parents either agree to the relocation or seek resolution from the Court.
If you are a parent trying to relocate with your child, or a parent trying to prevent another parent from relocating, you should retain a knowledgeable and experienced Child Custody Lawyer to represent your rights as a parent.
Child Relocation Process
- NOTICE – The parent desiring relocation must inform every individual with a custody right (other parent, grandparents, etc) of the relocation which they are proposing. Notice must be:
- Sent to all parties via certified mail with a request for return receipt
- Provided at least 60 days prior to the proposed relocation
- Specific as to details of the relocation, including –
- Reason for requesting relocation
- Date of relocation
- Proposed new custody order
- New residence address
- School district
- Household members
- RESPONSE – A party provided notice may either agree, object, or fail to respond. To object, a party must:
- File a Counter-Affidavit
- Object to the proposed relocation itself and/or the proposed custody order
- Complete any response within 30 days of receiving notice
- HEARING – A hearing will take place if:
- The objection is made timely, within the 30 day window
- The court deems it necessary to hold a hearing, regardless of whether there is an objection made
In accordance with Pennsylvania Statute, 23 Pa.C.S. §5337, the court should consider ten (10) different factors in making a decision. Some of these factors are: Reasons for relocation; Child relationship with relocating party; Child relationship with non-relocating party and foreseeable impact of relocation on the child and the relocating parents
In the event the court does approve the relocation, the relocating parent will be permitted to relocate, with the child, out of the Court’s jurisdiction. If the relocation is denied it will either approve of the proposed order, modify the existing order, or create a new order.
Why Do I Need a Lawyer?
Nothing is more important than the welfare of your children. Whether you are looking to relocate with your child or prevent the other parent from relocation, you will need a knowledgeable and dedicated family attorney on your side. Child custody relocation is a difficult process, and not one which you should undertake alone.
Attorneys at Greg Prosmushkin, P.C. have successfully handled hundreds of relocation cases, both on behalf of relocating parent and a parent trying to prevent relocation. Please call 215-673-7733 to schedule your consultation.
This content was written on behalf of Greg Prosmushkin.