Pennsylvania Child Relocation Lawyers
If a parent wants to relocate and take his or her child along, there is a very specific process that he or she must go through with the court. Relocation can affect other matters such as child support, child custody, and visitation. It is important that you work with a family lawyer who is familiar with the legal process associated with relocation. The attorneys at Scaringi Law, make it a priority to stay up-to-date with the most recent changes in the law in this area and have been successful in representing mothers and fathers in the relocation process.
Our Pennsylvania law firm has a proven reputation and track record in the area of family law. While we take an assertive approach to resolving disputes and legal matters, we take a compassionate approach to working with our clients. Our family law attorneys take time to listen to your objectives for your situation and explain all available options.
Call Scaringi Law at (717) 775-7195 to ask about our free consults at any of our offices: Harrisburg, Newport, Carlisle, York, or Lancaster.
Relocation Factors In Pennsylvania
The courts will look at several factors when determining whether or not to grant a proposed relocation. However, the most important factor to be considered is whether or not the relocation is in the best interests of the child. Other factors include:
- The type of relationship that the child has with the party proposing to relocate (including relationships with siblings and other people in the child's life)
- The age of the child and the likely impact of the relocation (physical, educational and emotional developments)
- How relationships will be preserved between the relocating and non-relocating parent
- Child's preference (depending on the age and maturity of the child)
- Whether the relocation will enhance the quality of life for the child
Post-Divorce Relocation Requirements
In 2012, Pennsylvania lawmakers passed new child custody laws regarding the relocation of minor children. The new rules require extra steps that must be taken by the parent wishing to relocate.
Upon divorce or separation, parents of minor children must establish custody for their children: determinations regarding where the children will live (physical custody) and who will make decisions on behalf of the children (legal custody). Invariably, one or both parents will want to relocate at some point while the children are minors. Whether for a new job opportunity or to simply establish some distance between the ex-spouses, laws determine if and when a move is allowed.
Pennsylvania law presumes that the current custody arrangement is what is best for the child or children. When a custodial parent wishes to relocate, issues such as the following are taken into consideration:
- Potential advantages of the relocation
- Likelihood of quality of life improvement for the parent and children
- The integrity of motive for the move, or the prevention thereof
- Viability of alternative visitation arrangements for the non-custodial parent
Relocation Law Changes
The new custody laws have created additional steps that a custodial parent must take prior to relocating with the children. If the move will interfere with the other parent's custodial rights, each person with custodial rights must receive written notification of the request to move. The notice must include detailed information regarding the proposed relocation and provide paperwork the recipient can use to object to the move.
If all persons having custodial rights do not object to the move, the relocating parent must still obtain court approval. The judge may decide a hearing is still necessary and, with or without the benefit of a hearing, will consider issues relating to the best interests of the child before ruling on a relocation.
Source: Centre Daily Times, "Pennsylvania, Child Custody, and Relocation: What to Know Before You Move," Laura Robbins and Jennifer Braum, August 12, 2012.
Contact Our Child Custody And Visitation Rights Attorneys
At Scaringi Law, we pride ourselves on our in-depth knowledge of the law and our ability to effectively represent our clients in court. We are familiar with the information that courts will be looking for with regard to particular situations and what the likelihood is of the relocation being granted.
Please contact the experienced Pennsylvania child relocation attorneys at our firm to schedule a consultation. Call (717) 775-7195 today.