Co-parents and Temporary Out-of-State Relocations
For co-parents, managing custody schedules is a priority when one parent plans to temporarily relocate out of state. Whether for a short-term job, family care, or an educational program, temporary relocations add complexity to co-parenting dynamics.
Understanding when a relocation is considered temporary or permanent helps parents make informed decisions. When questions arise, talk to a Bucks County family attorney.
Key Differences Between Temporary and. Permanent Moves
A move’s classification as temporary or permanent affects how custody and visitation rights are handled. Temporary relocations are generally shorter in duration and have a defined end date, such as three to six months, whereas permanent relocations imply a long-term change with no set return. Courts evaluate the length of stay, reason for relocation, and if there are plans to maintain a Pennsylvania residence.
A relocation may be considered temporary if:
- The relocating parent maintains a home in Pennsylvania.
- There is a specific purpose for the move, such as a work assignment or medical treatment, and has an anticipated end date.
- The parent continues to abide by existing custody arrangements to the best of their ability.
In contrast, a relocation may be classified as permanent if there’s no clear return plan or if the relocating parent intends to permanently establish residency elsewhere.
When a permanent relocation occurs the parent moving generally needs to obtain court approval. Pennsylvania law stipulates that any move which significantly impacts the non-relocating parent’s ability to maintain their custody schedule is considered a relocation. If a parent wishes to move permanently with a child, they must file a notice of relocation with the court and the other parent, giving the non-relocating parent the opportunity to object.
If the court determines that a relocation will serve the child’s best interests, the custody arrangement may be modified accordingly. Key factors the court considers include the potential impact on the child’s relationship with the non-relocating parent, the child’s adjustment to their school and community, and each parent’s ability to support a positive relationship between the child and both parents.
Adjusting Plans for Temporary Relocations
Temporary relocations may also require adjustments to custody schedules. Work with your co-parent to create a temporary schedule that accommodates the move. For instance, more extended in-person visitation blocks may help maintain a strong bond during the time apart.
When a temporary relocation period is uncertain, set dates to re-evaluate the arrangement based on the parent’s circumstances and the child’s needs. Then there can be a clearer path forward, even in a time of flux.
A Bucks County family attorney can assist if you have concerns about how to comply with relocation laws and create child-centered custody solutions. Whether you’re planning a short-term move or facing an unexpected extension, an attorney can assist with court filings, temporary custody agreements, and, if needed, advocating for your position in court.
Is a move in your future? By understanding Pennsylvania’s relocation guidelines and proactively adjusting parenting plans, co-parents can ensure stability for their children. Consult with the legal team at Kevin L. Hand, P.C. Call 215-968-6602 to schedule a confidential meeting.