In prior 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. The potential noncustodial parent always ask: How will my custody periods be changed?, Will I be able to maintain a relationship with my children? Can the other parent even do that without my consent? All very important questions during a stressful time.
Frequently we are asked if the nonmoving parent can formally object to the relocation of the children. Under Pennsylvania’s present child custody law, the parent who wants to move must provide at least sixty days notice to the other parent. The nonmoving parent must file a counter-affidavit with the court notifying the court and all involved that he or she objects to the relocation. The court must schedule a hearing on the relocation.
At the relocation hearing, the judge will hear testimony and evidence that will aid the judge in making a decision as to whether the relocation circumstances meet the legal burden that such a move is in the best interests of the child. The burden of proof is on the relocating party affirmatively to prove that the child’s best interests will be met by making the move.
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.
I will discuss additional considerations and requirements when one parent desires to relocate in upcoming blog posts.
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.