Relocation involves situations after the initial custody orders and agreements have been made. When one parent with custody rights wants to move, the issue becomes whether that move significantly impairs the ability of the nonrelocating parent to exercise custodial rights.
The Pennsylvania Child Custody Act provisions concerning relocation are designed to provide notice to parents when the other parent seeks to change geographical location. 23 Pa. C.S.A. § 5337. Under these provisions, no relocation may occur unless either: (1) every individual who has custody rights to the child consents to the proposed relocation; or (2) the court approves the proposed relocation. Notice of the relocation must be given by the moving parent to the non-moving parent no later than 60 days before the date of the proposed relocation or within 10 days after learning about the anticipated relocation.
When there is disagreement over a parent’s proposed relocation with a child, court hearings are held to decide whether relocating would be appropriate. In determining whether a parent may relocate with a child, Pennsylvania courts apply a variety of factors that are derived from a 1990 PA Supreme Court Case, Gruber v. Gruber. These factors are part of an overall “best interest of the child” analysis, but also include: (1) the potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the child; (2) the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it; and (3) the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent.
Whether you are seeking to relocate with your child or if you want to prevent your ex-spouse from relocating with your child, you need to be aware of the various factors and issues that can arise. At Supinka & Supinka, we understand how important it is for you to maintain a relationship with your children.
Please contact us today at 724-349-6768 to arrange a consultation regarding custody or relocation.
