Relocation

If you’re considering moving with your children outside of your current location or school district, you should be aware that Pennsylvania law gives the other parent the right to object to your proposed relocation. Often, the court will consider whether the move is in the best interests of your child. A court can also modify your family’s custody arrangement in connection with an approved relocation.

Don’t approach such a potentially momentous decision without seasoned legal guidance. Instead, contact Silverman, Tokarsky & Forman, L.L.C. today for an initial case review to discuss your options with a relocation attorney in Johnstown.

Understanding Relocation in Child Custody Cases

When parents separate or divorce, the parent with whom the child resides a majority of the time becomes the parent with primary custody. This parent may eventually need to relocate to a different part of the state, a different state, or even a different country for various reasons, such as new employment opportunities, new romantic relationships, or the need to live closer to extended family. However, if that parent wishes to maintain primary custody of their child, they will need court approval to relocate, assuming the child’s other parent objects to a relocation. 

Legal Requirements for Relocation

In Pennsylvania, a parent with primary custody must meet specific requirements before they may relocate with their child. First, the parent must obtain consent from the child’s other parent if that parent also has custody rights; if the other parent objects, the parent seeking relocation must obtain the court’s approval.

Before a parent may relocate, they must notify the child’s other parent (if they have custody rights) at least 60 days before the proposed relocation date. Alternatively, they have until the tenth day after relocation if they could not have reasonably foreseen their need to relocate more than 60 days before the proposed relocation date and they cannot reasonably delay their relocation. A notice of relocation must include:

• The parent’s intended address
• The names and ages of the individuals who will live in the parent’s new residence
• The residence’s telephone number
• The name of the school(s) and school district serving the new residence
• The reason(s) for the proposed relocation
• A proposed revised custody schedule 

Factors Courts Consider in Relocation Requests

Under Pennsylvania law, courts must consider the following factors when evaluating a parent’s request to relocate with children.

• The nature, quality, extent of involvement, and duration of the child’s relationship with their parents, siblings, and other significant people in the child’s life
• The age, developmental stage, and needs of the child, and the likely effect of a relocation on the child’s physical, emotional, and educational development
• The feasibility of preserving the child’s relationship with the nonrelocating parent through suitable custody arrangements, considering logistics and the parents’ financial circumstances
• The child’s preferences, if the child has sufficient maturity to express a reasoned preference
• Whether either parent has a pattern of conduct of promoting or thwarting the other parent’s relationship with the child
• Whether relocation will enhance the relocating parent’s quality of life, including through enhanced educational or financial opportunities
• Whether relocation will enhance the child’s quality of life
• The reasons and motivations for each parent seeking to relocate or oppose relocation
• Any history of domestic violence by either parent
• Any other factors affecting the child’s best interests

Modifying Custody and Parenting Time

A court that approves a relocation request may also establish a custody order or modify the family’s existing custody order in order to alter the balance of parenting time each parent receives to ensure that children can maintain close relationships with both parents despite the increased distance between their households.

For example, a court may alter the parenting time schedule to give the nonrelocating parent longer custody periods during school breaks to reduce the logistical and financial burdens of custody exchanges created by the increased distance between the parents. Courts may also order other custody alternatives for a nonrelocating parent, such as virtual parenting time (scheduled video or phone calls) or liberal emailing/texting privileges.

Objecting to a Relocation Request

A parent who receives notice that the other parent intends to relocate with the parties’ child or children may file a counter affidavit or objection to relocation with the court and seek a temporary or permanent order barring relocation pending the hearing. The objection should indicate whether the parent objects to relocation, modification of the custody arrangement, or both. When the court receives a timely objection to relocation, it must hold a hearing to allow the parties to present evidence and arguments supporting their respective positions. Time is of the essence, so you must act quickly to contact our office, so that time deadlines to object are not missed. 

Tips for Parents Considering Relocation

Here are some tips to keep in mind as you consider whether to petition the court for a relocation:

• Consider the effect of relocation on support obligations: Parental relocation can alter the balance of overnights that parents share which may affect child support obligations. For example, relocation may result in a child’s other parent receiving an increase in overnights, such as granting extended custody periods during summer and other school breaks. In such cases, the court may amend the support obligation to reflect the new balance of parenting time.
• Gather evidence to support relocation: A parent who wishes to relocate with their children will need evidence to show that the move will benefit the relocating parent and the children’s best interests. For example, they might show that the move will substantially increase the financial resources that they have available to support their children, give their children access to better educational opportunities, or allow their children to spend more time with extended family. You will need to research the qualification of the new school districts and opportunity for the children new location.
• Plan ahead: Parents considering relocation can make the process as smooth as possible by proactively working to get the other parent’s consent to the move. For example, they could negotiate with the other parent to update custody and parenting time arrangements to allow the children to maintain relationships with both parents. 

How Can a Family Law Attorney Help?

Are you or your co-parent considering a relocation that could affect your custody situation? If so, our family law attorneys at Silverman, Tokarsky & Forman, L.L.C. can help you protect your rights and your children’s interests by:

• Helping you understand the specifics of how state law governs relocation requests, including the process for making or opposing a request, and the factors courts use to evaluate requests
• Gathering evidence to support your request or opposition
• Negotiating on your behalf to seek a fair and favorable resolution, including settlements that may involve changes to parenting time schedules to ensure both parents can spend time with their children after a relocation
• Preparing and presenting compelling arguments in court to seek or oppose relocation

Contact Our Firm Today for Legal Assistance

Do you need to relocate with your child, or have you received notice that the other parent intends to relocate with the child? If so, you need experienced legal counsel to help you navigate your rights and options. Contact Silverman, Tokarsky & Forman, L.L.C. today for a confidential consultation with a knowledgeable child custody lawyer to learn how our firm can help you with a relocation issue.