There may be additional steps for the procedure, as the above should serve as an overview rather than a guide, but if the procedure is not properly followed or the party authorized to move decides to skip the process altogether, it is quite possible that the court will require the child to return to the parent who is not moving. Such measures could have a negative impact on future custody changes and negotiations, so it is always recommended to consult a lawyer and follow resettlement laws. If a party who is not moving objects to the relocation or amendment of their custody plan, they must file the affidavit with the court within thirty (30) days of receiving the proposed relocation notice. They must also send a copy of their objection to the moving party. The consequences of non-compliance with these requirements are serious, because if a party does not object in time, it is usually prevented from resisting resettlement. A parent who does not have a custody decision does not have to worry as much about the relocation law, unless the other party makes or threatens to make a custody decision. It may be easier for a party to enter into a primary or partial agreement because the court could adjust the current schedule of visits to suit the needs of the parties. Joint custody of a child is a more difficult situation under the law, especially if the moving party moves away. Since the court`s primary concern in all custody cases is the best interests of the child, „the standard of welfare decided on a case-by-case basis takes into account all factors that legitimately affect the physical, intellectual, moral and spiritual well-being of the child.“ Saintz v.
Rinker, 902 A.2d 509, 512 (Pa. Super. 2006)(citing Arnold v. Arnold, 847 A.2d 674, 677 (Pa. Super. 2004)). In order to determine the best interests of the child, the Custody Act extended the provisions of Gruber v. Ten factors that the court must consider when deciding to move: people choose to move for a variety of reasons. B as a new job, a remarriage or even the desire to live in a different climate.
In the United States, we assume that an adult is free to settle throughout the country without permission from the court or government agency. However, if a parent involved in a custody case wishes to move with their children to another state or even the same state, they may need to obtain permission from the other parent and/or the family court. The time after a marriage or relationship ends can be challenging, but it can also provide the opportunity for a fresh start – including a geographic move, perhaps for a new job or to be closer to the extended family. If you are the parent of a minor child, with or without a custody order, the decision to move or not is unfortunately not up to you. The needs of your child and the rights of your ex-partner must also be taken into account. Even if you realize that leaving the state would benefit your child, there are still steps you should take to ensure that your decision to move won`t cause you any problems later. In Pennsylvania, the law defines parental relocation as „a change in the child`s place of residence that significantly affects the ability of a non-moving party to exercise custody.“ * A custodial attorney in Pennsylvania should be consulted to indicate whether a parent: 1) shares custody with another; and (2) intends to move to another location, should do so only after the right steps have been taken regarding the relocation of the parents. It is important to note that while a court may make an order rejecting the parent`s application to move with the child, it cannot restrict the parent`s movement. Instead, the court can change the custody order so that the child stays with the party who is not moving in the state.
If the other parent/custodial person objects, they must appeal to the court within 30 days of receiving your proposed notice of move and must send you a copy by registered mail, acknowledgment of receipt requested. Then the judge will hold a hearing to decide if you can move.1 Note: Even if no appeal is filed, you will need to file some documents with the court before the move.2 Go to section 5337 of the Act on our Statutes page and look at section (e) to see what you need to submit. Usually, the judge will hold the hearing after receiving the objection from the other parent and before the move takes place, but it is possible that the judge himself decides that a hearing is necessary and that he can hold a hearing even before receiving the objection from the other parent […].