When a custodial parent wants to relocate to pursue a new job, care for an ailing family member or any other reason, the noncustodial parent’s visitation privileges are likely to be affected. Catherine H. Voit advises parents seeking to relocate as well as parents challenging relocation requests. In either situation, she helps you find a solution that protects your interests and the best interests of your child.
Out-of-state relocations are common in Chester County since we are near the borders of other states. A parent cannot move outside the county with a child, however, unless the other parent consents or the court approves the relocation or a modification of visitation rights. The parent seeking to relocate must start the process by notifying the other parent. Under Pennsylvania’s child custody laws, the notice should include the following information:
Upon receiving notice, the other parent can file an objection to the proposed relocation. The court will then schedule a hearing and may issue a temporary order to prevent a relocation before the hearing. If the other parent agrees to the relocation or fails to object by the deadline, the court can modify the existing custody order by approving the proposal for a revised custody schedule submitted by the relocating parent.
If the noncustodial parent contests the relocation, the parent who wishes to move must prove that the relocation will serve the best interest of the child. In determining whether to allow a relocation, the court considers the following factors:
If the court consents to the relocation, it will modify the existing custody order or set forth the terms and conditions of custody in a new order.
A relocation must serve the best interests of the child, but there are many other factors in the mix. Catherine H. Voit provides knowledgeable legal guidance that allows parents to make informed decisions about child custody. To discuss your case, call Catherine today at 484-881-3185 or contact her online. Evening and early morning appointments are available on request.