In earlier posts, I introduced the serious child custody and family law situation where a parent wants to making a substantial move (relocation) and take the children with them. We always get asked if the judge that hears the case can really prevent the parent from relocating.
The answer is not simple:
Yes and no. The judge can deny a relocation petition, which prevents a parent from moving with the child. If you still desire to move, you may do so. However, you will not be permitted to take the child with you. At the relocation hearing, the judge has the power to change the existing custody arrangement by not only ruling on the potential relocation, but also by potentially transferring primary custody (physical custody) to the parent remaining in the geographical location where the child has been residing. These momentous shifts depend upon what the judge believes is in the best interests of the child. The burden of proof falls upon the relocating party affirmatively to prove that the best interests of the child is served by making the move and relocating.
In cases where primary custody becomes at issue, the judge must consider the sixteen factors to determine the best interests of the child in addition to an additional ten relocation as required by Pennsylvania’s Child Custody.
The new child custody law relocation provisions create a potential mine field for parents that must relocate. If you are anticipating relocating with your children, or if you are the noncustodial parent and your ex is relocating, it is crucial that you consult an experienced child custody and family law attorney.
It is crucial that you have an experienced family law attorney if you find yourself in the situation where you are moving, or where the other parent is moving. At Amori & Associates, LLC, the experienced family law attorneys Victoria A. Strunk and Robert A. Saurman would be happy to discuss your situation.
Please contact Amori & Associates at (570) 421-1406 for a no obligation consultation.