Seeking or Challenging Parent Relocation Petitions
A parent with primary physical custody wishing to relocate outside of Pennsylvania must get court approval, while giving the partial custody parent an opportunity to object in a formal hearing. These cases can be emotionally charged and complex. When the stakes are high, consult an experienced Philadelphia parent relocation attorney.
At Avallone Law Associates, we offer 35 years of experience representing either side in parent relation proceedings. Our firm’s Philadelphia family law attorneys have advocated for hundreds of clients in custody disputes and custody modifications throughout the greater Philadelphia area and southeast Pennsylvania. Contact our law firm online or call 215-253-3855 to protect your rights and assert your interests.
Outlining the Steps You Must Take When Seeking to Relocate
If you have plans to relocate across the country or even to a different county, obtain help from an experienced lawyer to prevent a violation of the custody orders. In Pennsylvania, the parent with primary physical custody must legally notify the noncustodial parent 60 days before he or she plans to move.
The parent with partial custody has 30 days to formally object to the move through the legal system. If no legal objection is made, the other parent has the right to move. A hearing will take place, if an objection is made within 30 days. Any decisions made to modify the current custody and visitation orders will be made in the child’s best interests.
Addressing the Factors Put Into Consideration in Parent Relocation Cases
Decisions made in family law are based on the children’s best interests. This remains true in parent relation cases. In Pennsylvania, a three-pronged test was established as a guideline for parents seeking to take their children out of the state or the country. The parent relation attorneys at our law firm will address any of your legal concerns, while explaining the factors the court will take into consideration such as:
- The move must improve the quality of life for the parent and serve the best interests of the child. A new job or a remarriage are not sufficient reasons in and of themselves, but moving back home to be near a family support network might be.
- The motives must be pure. The primary parent cannot relocate out of spite or to separate the children from the other parent.
- The noncustodial parent must be able to continue a relationship with his or her child.
Filing a child relocation petition typically involves a modification to the partial custody arrangement. To offset the loss of regular time spent with a son or daughter, the noncustodial parent may be granted custody of the child for the whole summer, and holidays and school breaks, for example. The primary parent may also have to provide or share travel costs in support of the visitation agreement. In this circumstance, child support obligations may be reduced.
Contact Our Firm’s Philadelphia Child Custody Attorneys
Our law firm is well-versed in Pennsylvania’s child custody laws. We will apply our years of experience to advocate for your rights, while helping you negotiate terms the court will accept. Contact our law firm online or call 215-253-3855 to schedule a free initial consultation.