How to Challenge a Parent’s Move in Bucks County

It can have a significant impact on custody arrangements when a parent wants to move post-divorce. In Bucks County, relocating with a child requires court approval if the other parent does not agree to the move. If you are in this situation, talk to a Bucks County family attorney about how to protect your rights as a parent.

Factors Courts Consider in Relocation Cases

In Pennsylvania, a parent who wants to relocate with their child must notify the other parent of their intent to move. This notification typically needs to be provided at least 60 days in advance, unless the move was unexpected. In that case, notification should be given as soon as reasonably possible. The notification must include details such as the new address, reason for relocation, and a revised custody schedule if the move impacts the current arrangement.

Should the non-relocating parent not agree, they must file a formal objection, which will lead to a court hearing where a judge will evaluate the situation and decide whether the move is in the child’s best interest.

When deciding whether to approve a relocation, Pennsylvania courts focus on the best interests of the child. Several factors are taken into account.

• Child’s relationship with each parent. The bond the child has with each parent will be assessed, as well as how the move might affect their ability to maintain a meaningful relationship.
• Quality of life improvements. If the relocating parent can demonstrate that the move will lead to an improved quality of life, such as better educational opportunities, a safer environment, or a support network of family members, the court may be more likely to approve it.
• Motivation for the move. Courts look closely at the reasons behind the move. For example, a legitimate job transfer or a desire to be closer to family is typically viewed more favorably than a move made to disrupt the other parent’s access to the child
• Impact on the non-relocating parent. Judges also consider the impact of the relocation on the non-relocating parent’s ability to spend time with the child. If the move would make it nearly impossible for the other parent to maintain their bond with the child, the court may be inclined to deny the request.

If a parent relocates without the other parent’s consent or without court approval, they could face serious legal consequences. The court may order them to return the child to the original location or even modify custody arrangements to favor the non-relocating parent.

Turning to a Legal Professional

A Bucks County family attorney can help you understand your rights, file objections, and gather evidence to protect your relationship with your child. Additionally, if the other parent has moved without permission, a lawyer can assist in taking the necessary legal steps to address this violation.

Could you use legal advice about your child’s other parent’s desire to move? The legal team at Kevin L. Hand, P.C. can provide guidance and representation. Call 215-968-6602 for a confidential consultation.