When a Parent Wants to Move Away: How Bucks County Handles Relocation Disputes

A job offer in another state, a chance to live near family, a fresh start after a separation: parents relocate for all kinds of reasons, but moving with a child can set off a serious legal dispute. Our Bucks County child custody relocation attorneys see how quickly a plan to move can collide with the other parent’s custodial rights. Here is a general look at how Pennsylvania law treats parental relocation and what courts consider when parents disagree.

Relocation Is More Than a Change of Address

Pennsylvania’s custody law defines a relocation as a change in a child’s residence that significantly impairs the other parent’s ability to exercise custodial rights. That wording matters. A move across town may not qualify, while a move that makes regular custody exchanges impractical often does. As a general rule, no relocation may occur unless everyone with custody rights consents or the court approves it (23 Pa.C.S. § 5337(b)).

The Notice and Objection Process

The parent planning to move must generally send written notice by certified mail at least 60 days before the proposed move. A shorter window applies in limited situations, such as when the parent could not have known about the move sooner and cannot reasonably delay it. The notice must warn the other parent that an objection has to be filed with the court within 30 days of receiving it. If proper notice is given and no objection is filed within 30 days, the other parent is generally barred from objecting to the relocation later.

How a Judge Weighs the Decision

When a parent objects, the court holds a hearing and considers ten relocation factors, giving added weight to anything that affects the child’s safety (23 Pa.C.S. § 5337(h)). The parent proposing the move carries the burden of showing that it serves the child’s best interests. The factors include:

• The child’s relationships with each parent, siblings and other important people
• The child’s age, developmental stage and needs, and how a move could affect school and emotional growth
• Whether a workable custody schedule could preserve the other parent’s relationship, given distance and cost
• The child’s preference, based on age and maturity
• Whether either parent has supported or undermined the child’s bond with the other
• Whether the move would improve life for the child and for the relocating parent
• Each parent’s reasons for seeking or opposing the move
• Any history of abuse and the risk of continued harm

Skipping the Process Has Consequences

Courts take the notice requirement seriously. A failure to give proper notice can be weighed when the court decides the relocation request and whether custody should change. It can also support an order returning the child or an award of counsel fees and costs (23 Pa.C.S. § 5337(j)). Every family’s circumstances are different, so outcomes vary widely.

Talk With Us Before the Moving Truck Arrives

Planning a move, or worried the other parent is? We’d like to hear what’s going on. The Bucks County child custody relocation attorneys at Kevin L. Hand, P.C. help parents in Newtown, Yardley, Langhorne and communities across Bucks County understand how relocation disputes work. Call our Newtown office at 215-515-2604 to schedule a consultation.

Source:

legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053.037.000..HTM