My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
Relocation
Montgomery County Relocation Attorneys
Protecting Parent-Child Relationships in Bucks, Chester, Delaware & Philadelphia Counties
In our growing and transient society, issues of relocation are arising more and more frequently. Shemtob Draganosky Taylor Stein, PC 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 Stein, PC, 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.
Call (215) 544-3974 or contact our firm online to learn more.
Can I Relocate with My 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.
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I have to pay my ex-wife alimony for four more years. She is living with her boyfriend. Can I stop the alimony?It depends on what your property settlement says. If you have a property settlement agreement that is silent on whether or not alimony terminates upon remarriage or cohabitation, then it may not. Usually, the property settlement agreement will address that and say if it’s modifiable or if it terminates upon remarriage or cohabitation. If you did not reach a property settlement agreement, but instead went to court, and a court issued an order requiring you to pay alimony, then it is modifiable and you can petition to end the alimony as a result of the cohabitation.
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Can I move without a court order if we have joint custody and both live in Montgomery County?
Scenario:
The question really is if it will interfere with his ability to have his custody. In other words, if the children are continuing in their same private school and the drive back and forth to school and to his house doesn’t change his ability to have custody, then you likely do not need court permission. However, if the distance between your new house and your old house would significantly impact his ability to spend his time with the children, then it may be considered a relocation. This is unlikely but is certainly something to consider.
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My ex keeps taking me to court over minor parenting issues. Is there a way to stop the legal costs from adding up?
Scenario:
The father of my children and I can’t agree on anything. We can’t agree on the color of the sky. He has brought me back to court at least five times on minor issues, such as whether or not our daughter's “Blankey“ should go back-and-forth between households and whether or not I need to send diapers to his house. Is there anything I can do to stop the financial bleeding in this case?
Answer:
Pennsylvania has just recently reinstated parenting coordination. It became effective on March 1, 2019. You can request that the court assign a parenting coordinator to address these kinds of issues. They will make decisions quickly, and it is much more cost-effective. A parenting coordinator has to be an attorney who has practiced family law for at least five years or a psychologist with a minimum of a master’s degree. In addition, either the psychologist or the attorney has to have significant training in parenting coordination.
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Former Clients Say It Best
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"Highly experienced, client-focused and efficient service"
I appreciated David Draganosky’s informed guidance and willingness to move forward diligently, which set the stage for a favorable resolution. Your firm’s reputation for highly experienced, client-focused and efficient service is well-deserved.
- Former Client -
I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha- Former Client
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Lori Shemtob and her associates were the perfect choice. Lori has the perfect demeanor to defuse any volatile situation.- Former Client
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Cynthia’s practical knowledge of negotiation and the law helped me in a tense situation where my ex-husband did not want me to take the kids with me and then refused to pay any support.- Former Client
Key Factors Considered for Relocation Approval in PA
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.
