Montgomery County Relocation Attorneys
Advocating for Your Parent-Child Relationship in Montgomery, Bucks, Chester, Delaware, Philadelphia Counties
In our growing and transient society, issues of relocation are arising more and more frequently. Shemtob Draganosky Taylor advocates for the rights of parents seeking to relocate with their children, as well as parents opposing such a move. The parent wishing to move must follow specific procedures to request permission to relocate and, in the event of litigation, must show the court that the move is in the best interest of the children. There are a number of factors the court will consider when determining whether to grant relocation. A knowledgeable attorney, such as those at Shemtob Draganosky Taylor, will be able to help you in navigating these waters. We also assist with the necessary child custody and post-divorce modifications if relocation is approved.
Relocating with Your Child in Pennsylvania
A Pennsylvania parent can relocate with their child only if the parent with custodial rights consents to the relocation or if a judge approves the relocation. In most cases, the relocating parent must provide notice of the proposed relocation to the other parent at least 60 days before the move.
A parent proposing to move with their child must also provide the other parent with important information about the relocation, including:
- the new address and home phone number where the parent will be living;
- the mailing address, if different from the physical address;
- the names and ages of everyone who will be living at the new address;
- the child's new school district and school;
- the proposed relocation date;
- the parent's reasons for relocation;
- a proposed new custody and visitation schedule; and
- any other information relevant to the proposed relocation.
If the nonmoving parent does not respond to the notice of relocation within 30 days, they waive the right to object to the relocation.
Factors for Approving Relocation
In relocation cases, the court will try its best to minimize the impact on the noncustodial parent's relationship with the child. Judges will consider the noncustodial parent's interest in playing a role in the child's upbringing and maintaining a relationship.
With that in mind, the court will examine the following factors when determining whether to grant a parent's request for relocation:
- the potential advantages of the proposed move, such as how it will improve the quality of life for the custodial parent and the child;
- the moving parent's motivations;
- the validity of the nonmoving parent's objections to the move; and
- the availability of realistic, substitute visitation for the nonmoving parent.
Be aware that the parent proposing the relocation has the burden of proving why the move will better their and their child’s lives. and they must also show the integrity of their reasons for moving.
Whether you are a parent seeking to relocate with your child or a parent opposing the other parent’s move, our attorneys can advocate for your case. We believe in your right to a relationship with your child, and we will work to negotiate a fair outcome on your behalf. In the case that relocation is approved by the court, the existing child custody order or schedule will need to be modified, and we can assist with these modifications as well to ensure they meet your parental needs and interests.