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A Firm Providing Guidance To Parents In Child Relocation Matters

Many individuals are unsure of their rights and obligations when they want to relocate to a different location with their children, so the children are separated from the other parent. Do you have to get permission from the other parent? What happens if the other parent does not agree to the relocation? The family law attorneys at Astor Weiss Kaplan & Mandel LLP can assist individuals in determining whether their proposed move could be considered a relocation and in seeking permission from the court to relocate.

What Is Considered A Relocation?

In 2010, the Pennsylvania legislature first enacted laws setting forth the procedure that must be followed and the legal standard courts must consider before a parent is permitted to relocate with a child. Laws have since changed.

The statute defines a relocation as “a change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights.” The definition does not specify a minimum distance. For example, if an individual wishes to move to the other end of the same county, that move could be treated as a relocation if it impairs the ability of the nonrelocating parent to exercise custodial rights.

Providing Notice Of Relocation

Before a parent relocates with his or her child, the parent must first provide the other parent with written notice of the intended relocation. The other parent is then given 30 days to object in writing to the relocation. If no objection is received, the relocating parent must file a petition with the court to confirm the relocation. If an objection to the relocation is received, the court will hold a hearing to determine whether relocation should be permitted.

Factors Considered In Permitting Relocation

Once the court determines that a change in residence amounts to a relocation as defined under the statute, the court then has to determine whether to permit the relocation. The statute sets forth 10 factors, which courts must consider when ruling on relocation requests. The factors include the ages of the children, the relationship of the children to each parent, and whether the relocation will enhance the children’s quality of life and the parents’ quality of life.

Contact Us To Discuss Your Legal Needs With An Attorney

The family law attorneys at Astor Weiss Kaplan & Mandel LLP are experienced in relocation requirements and relocation litigation. If you need assistance with any part of the relocation process, our lawyers can help. For further information, please contact us online or call 215-790-0100.

Our Family Law Attorneys

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Gerald J. Schorr

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David Gutin

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Julie A. Auerbach

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Judy McIntire Springer

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Katherine R. Sookhoo

Photo of David I. Grunfeld

David I. Grunfeld

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Dina S. Ronsayro

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Julia Morrow