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Moving hr away and out of county with 50/50 custody.

Irwin, PA |

what are good reasons that a judge would consider to allow you to move with your child and still keep the current custody arrangement. i need good reasons why an hour is not thyat bi8g of a deal. the other sides attorney said they will file for primary physical and legal custody.

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Attorney answers 3

Best Answer
Posted

You should look into the Pennsylvania Relocation statute aSection 5337 - Title 23 - DOMESTIC RELATIONS, as well as case C.M.K. v. K.E.M. The court’s decision also sheds light on how to know if a move constitutes a relocation under the Act’s definition. Importantly, the court looked at the effects of the move on the nonmoving parent’s ability to co-parent, not just at the amount of visitation time. So being able to continue coaching the child’s sports teams, meet with teachers, and go to doctor appointments all factored in to the analysis. The court also looked at a number of factors assessing the practical effect of the move, such as whether a higher salary motivated the move and whether the move would upset existing child care arrangements.
Also, them moving for primary custody does not mean they will get it, Custody may be modified but not changed completely

Posted

The court will consider whether or not the move benefits the child. Therefore you need to be able to explain how the move affects the child positively (and that cannot simply be a list of how the move affects you positively). Depending on the age of the child, you will need to address how the child will get back and forth to school or other activities. You should consult an attorney to review the specifics of your case to formulate your argument for court.

This answer is for informational purposes only and should not be construed as legal advice. This Q&A forum does not create an attorney/client relationship. If you have a legal concern that is important to you, I urge you to consult with an attorney. For those who are concerned about their ability to afford legal assistance, the ACBA's Lawyer Referral Service may help: http://www.acbalrs.org

Asker

Posted

my daughter is three. i want to move in with my boyfriend. wehave been together for 2 1/2 months but plan to marry. she will have a step sister and step brother then and her 1/2 sister will be with me. my boyfriend plans to adopt my 6 month old after we marry

Julie Rebecca Colton

Julie Rebecca Colton

Posted

All of those are good reasons. You should consult an attorney to review your case and talk to you about how best to present the information in Court.

Asker

Posted

what time would you recommend getting married? is 2 1/2 months too early to marry before the courts consider your relationship to be serious?

Asker

Posted

what time would you recommend getting married? is 2 1/2 months too early to marry before the courts consider your relationship to be serious?

Julie Rebecca Colton

Julie Rebecca Colton

Posted

You should consult a lawyer to review the specifics of your case.

Posted

The court must consider a list of factors in order to determine whether the move is in the best interest of the child. Essentially, you need to show that the move will significantly improve yours and the child's quality of life, is not based on a whim and that there are alternate reasonable arrangements that will enable the other parent to maintain frequent contact with the child. Examples of good reasons are: a better job, an education program that is not available in the same area and moving closer to extended family. Moving to be with a boyfriend or girlfriend is not generally sufficient. You should speak to an attorney for specific advice. If you are in Indiana county, we can assist you..

My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

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