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:
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.
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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:
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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Scenario:
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:
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.
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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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:
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.