Many people want a fresh start after a divorce; and in some situations, this results in a change of scenery. It’s a known fact that moving can help people gain a new perspective, but up-and-leaving can be difficult when you and your ex have kids. What does Pennsylvania law say about moving with kids after a divorce?
First Consideration: Child’s Best Interest
Courts will always defer to the child’s best interest when determining any custody scenario. Therefore, if a court decides a move is detrimental to a child’s best interest, it will likely stop the move.
While proving that a move is in a child’s best interest is crucial to securing the right to move, other factors could impact a potential move.
Second Consideration: Custodial Orders
Divorce decrees determine if divorcees have the right to move with their children. If a parent has sole physical custody of a child, he or she does not have to consult with the other parent when moving; however, he or she will still have to make their case in front of a judge. Additionally, the parent with sole physical custody will have to accommodate the other parent’s visitation rights.
If two parents share joint physical custody, then the moving parent must inform the other parent of the move. Once the nonmoving parent finds out about the move, he or she had 30 days to respond to the notice. If the nonmoving parent fails to respond, then they may waive the right to object to the relocation.
A Child Custody Attorney Can Help
If you’re trying to move with your children, hiring a knowledgeable child custody attorney can help. If you have sole physical custody of your children, an attorney can help you make your case to a judge. If you have joint physical custody, an attorney can help you create and inform your child’s other parent of your impending relocation.
Therefore, regardless of your custody situation, you should consider hiring an attorney for your move.
Call (570) 391-0866 now for a free consultation of your case!