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If you’re a parent who has recently experienced a divorce, it’s certainly understandable that you may feel the need to move: To a new home in your current town, say, or maybe even to a new state on the other side of the country.
A fresh start in a new town, you might be thinking, could prove beneficial not only for you, but perhaps also for your child. And you might be right. But in Pennsylvania, it’s not quite that simple for a parent involved in a child custody situation. In fact, planning and executing a move with a child who has more than one legal custodian can be downright confusing in Pennsylvania.
Popularly known as the Relocation Rule, Pennsylvania’s Child Custody Law affects the parent of a minor child when that parent wishes to move to a new location that would significantly impair the ability of the non-relocating parent to spend legally-granted time with the child.
Instead of simply being allowed to pick up and move, the parent of the minor child must instead first seek approval from the other parent, or from any other party that has custodial rights to the child. In some instances, the parent wishing to relocate may even need to obtain a court order that grants them legal permission to relocate with the child.
If it sounds complicated, that’s because it often is. There are a number of potential factors that can play a role in a custody situation. That’s why we strongly recommend consulting a highly qualified and knowledgeable Bucks County family law attorney if you’re in a custody situation and need–or simply desire–to move.
Likewise, if your ex-wife or ex-husband plans to relocate with your child against your wishes, and is not following the proper procedures for requesting such a move, having a Bucks County family law attorney on your side can make all the difference in the world.
There are a number of notice requirements that must be satisfied before a parent can relocate with a child, assuming the move in question would significantly impair the other parent’s ability to see that child.
No later than 60 days before the proposed move, for instance, the parent hoping to relocate must send a Notice of Proposed Relocation to the non-relocating parent via certified mail, with return receipt requested. This notice is required to include a great deal of information about the proposed move, such as the address and home phone number of the proposed new home, the name of the new school district, a list of reasons for the relocation, and a revised custody schedule that the non-relocating parent must agree to.
It’s important to keep in mind that the relocating parent is required to include an affidavit that the non-relocating parent is expected to complete, signaling either their compliance or noncompliance with the proposed move. Should the non-relocating party fail to respond to the affidavit within 30 days of receiving it, however, Pennsylvania law prohibits them from objecting to the relocation in any way.
The Commonwealth of Pennsylvania has a very altruistic reason, of course, for the strictness and non-pliability of its child custody regulations: The state is simply looking out for the best interest of the minor child. You, of course, are most likely attempting to do the exact same thing. But if you fail to follow the Relocation Rule to the letter, you could find yourself stuck in a residence or a town where you’d rather not be for a very long time indeed.
The solution? Set up a consultation with a Bucks County family law attorney who has handled these sorts of cases over and over again. During your initial consultation, we will listen to your goals and concerns. We will not, however, offer you false hopes. We believe strongly in providing realistic expectations for our clients.
It’s also important to understand, though, that the child custody decisions that have been determined throughout your divorce proceedings are not final. The lawyers at Penglase & Benson, Inc., are prepared to help you navigate your child support and child custody needs at any stage of your life. We help our clients understand any possible outcome they may face by educating them about the process in a step-by-step fashion. Please: Get in touch with us today.
If you’re a parent who has recently experienced a divorce, it’s certainly understandable that you may feel the need to move: To a new home in your current town, say, or maybe even to a new state on the other side of the country.
A fresh start in a new town, you might be thinking, could prove beneficial not only for you, but perhaps also for your child. And you might be right. But in Pennsylvania, it’s not quite that simple for a parent involved in a child custody situation. In fact, planning and executing a move with a child who has more than one legal custodian can be downright confusing in Pennsylvania.
Popularly known as the Relocation Rule, Pennsylvania’s Child Custody Law affects the parent of a minor child when that parent wishes to move to a new location that would significantly impair the ability of the non-relocating parent to spend legally-granted time with the child.
Instead of simply being allowed to pick up and move, the parent of the minor child must instead first seek approval from the other parent, or from any other party that has custodial rights to the child. In some instances, the parent wishing to relocate may even need to obtain a court order that grants them legal permission to relocate with the child.
If it sounds complicated, that’s because it often is. There are a number of potential factors that can play a role in a custody situation. That’s why we strongly recommend consulting a highly qualified and knowledgeable Bucks County family law attorney if you’re in a custody situation and need–or simply desire–to move.
Likewise, if your ex-wife or ex-husband plans to relocate with your child against your wishes, and is not following the proper procedures for requesting such a move, having a Bucks County family law attorney on your side can make all the difference in the world.
There are a number of notice requirements that must be satisfied before a parent can relocate with a child, assuming the move in question would significantly impair the other parent’s ability to see that child.
No later than 60 days before the proposed move, for instance, the parent hoping to relocate must send a Notice of Proposed Relocation to the non-relocating parent via certified mail, with return receipt requested. This notice is required to include a great deal of information about the proposed move, such as the address and home phone number of the proposed new home, the name of the new school district, a list of reasons for the relocation, and a revised custody schedule that the non-relocating parent must agree to.
It’s important to keep in mind that the relocating parent is required to include an affidavit that the non-relocating parent is expected to complete, signaling either their compliance or noncompliance with the proposed move. Should the non-relocating party fail to respond to the affidavit within 30 days of receiving it, however, Pennsylvania law prohibits them from objecting to the relocation in any way.
The Commonwealth of Pennsylvania has a very altruistic reason, of course, for the strictness and non-pliability of its child custody regulations: The state is simply looking out for the best interest of the minor child. You, of course, are most likely attempting to do the exact same thing. But if you fail to follow the Relocation Rule to the letter, you could find yourself stuck in a residence or a town where you’d rather not be for a very long time indeed.
The solution? Set up a consultation with a Bucks County family law attorney who has handled these sorts of cases over and over again. During your initial consultation, we will listen to your goals and concerns. We will not, however, offer you false hopes. We believe strongly in providing realistic expectations for our clients.
It’s also important to understand, though, that the child custody decisions that have been determined throughout your divorce proceedings are not final. The lawyers at Penglase & Benson, Inc., are prepared to help you navigate your child support and child custody needs at any stage of your life. We help our clients understand any possible outcome they may face by educating them about the process in a step-by-step fashion. Please: Get in touch with us today.
Penglase & Benson has been recognized as one of the Fastest Growing Law Firms in the U.S....
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