In the often complex scenario of a couple separating or divorcing, it’s not uncommon for one party to seek a fresh start by relocating. This might involve a simple move to a new residence, a change of town, or in more dramatic cases, a shift to an entirely new state. However, when children are involved, this change of address becomes far more complicated. This is most particularly true when one of the parents has a desire to relocate a significant distance away from the other. Such a substantial move could very well bring into play Pennsylvania’s relocation statute in a custody case.
The state of Pennsylvania’s relocation statute is triggered when any change in the residence of a child significantly impairs the ability of a non-relocating party to exercise custodial rights. The legal process can be arduous, involving detailed requirements to be fulfilled by the party intending to move. This ranges from providing proper notice to the non-relocating party, detailing reasons for the move, to submitting proposed revised custody schedules.
Furthermore, any proposed relocation must also withstand the scrutiny of the court’s discretionary powers. Here, the child’s best interest remains the central focus, with factors such as the child’s relationship with both parents, the potential harm and benefit of the move for the child and the reasons of both parents for either opposing or proposing the move being keenly considered.
Needless to say, the impact on the child and the resulting change in dynamics of the relationship between the non-relocating parent and the child form the central issues of any consideration to relocate. The court will focus not only on the intention to move, but also on the realistic prospect of maintaining a meaningful and positive relationship between the child and the non-relocating parent.
This intricate issue becomes highly relevant in a scenario where one of the parents wishes to have a “fresh start”, making it important for legal counsel to be aware of such complications and being prepared for rigorous legal procedures. As legal professionals working for law firms and corporations, it’s necessary to understand the evolution of custody laws, how courts have interpreted these laws and how these interpretations may affect each unique case.
For more in-depth information on this topic, you can refer to the original article here: Ready to Relocate: Custody Factors to Consider Upon Separation or Divorce