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Pennsylvania’s Child Custody Law was modified in January 2011, and the
most recent law included several modifications regarding relocations involving
minor children. The law now provides specific steps that the parent requesting
the relocation must follow when the move would substantially interfere with the
other parent’s custodial rights. There are two ways the relocation can occur:
1) each person with
custodial rights agrees to the proposed move, or
2) the Court must approve
the relocation.
The new law requires that the parent planning to move must inform every
individual with a custodial right of the proposed move. This notice must be in
writing and sent to each person by certified mail, return receipt requested. With
few exceptions, notice must be given at least 60 days in advance of the
proposed move. This notice must include a detailed list of information
pertaining to the proposed new residence, the new school district, the date of
the proposed relocation, detailed information on household members, why the
relocation is desired, and a proposed custody order.
After receiving notice of the proposed relocation, the other parent can
either agree or object to the proposed relocation. The parent must file in
Court within thirty days of receiving notice of the proposed move. If an
objection is filed, a hearing will be held where the objecting party may oppose
the proposed relocation, the proposed revised custody schedule, or both. If an
objection is not received within the required time limits, the other parties
cannot object to the relocation in the future.
When deciding to approve or reject a proposed relocation, the statute
provides several factors that the court will consider. These factors include, but are not limited
to: the child’s relationship with the relocating and non-relocating party, the
likely impact of the relocation on the child, the reasons for the relocation,
and whether the relocation will enhance the child’s quality of life. The list is not all-inclusive, as the court
can consider any factor that affects the best interest of the child. If the court ultimately approves the proposed
relocation, the court will either modify the existing custody order or create a
new custody order.
If you want assistance, legal representation, or just want to know more
about Douglas Wortman or Medvesky Law Office, LLC, check
out our website at www.medveskylaw.com.
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#Souderton #Law_Firm
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