Whether you are the parent attempting to move with your child(ren) or you are the parent trying to prevent the move, there are requirements that must be met on both sides under the new PA Child Custody Law.
The parent wishing to relocate must send a written notification, as specified by the Pennsylvania Child Custody Law, laying out the proposed move and the proposed custody schedule along with a counter-affidavit for the nonrelocating parent to fill out. If the nonrelocating parent agrees to the proposed relocation and custody schedule, nothing else needs to be done or they can fill out the counter affidavit stating that they agree with the relocation and file it with the court. If the nonrelocating parent would like to attempt to prevent the proposed relocation, they MUST fill out the counter-affidavit and file it with the court within 30 days. Once this is filed, the trial court must then hold a hearing on an expedited basis prior to the relocation occurring, unless there are circumstances that require approval of the move prior to the expedited hearing.
During the hearing, the court must consider certain factors. These factors include:
A parent wishing to relocate with their child(ren) or a parent wishing to prevent a relocation should not proceed without the advice of an experienced PA child custody attorney. If you would like more information on this matter, please feel free to contact our office at (717)761-1274 and set up a free initial consultation with one of our family law attorneys.
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