Child Custody, Visitation & Relocation
CHILD CUSTODY RELOCATION RULES & REQUIREMENTS
If you share custody of your child with the child’s other parent and intend to relocate, you need to read this newsletter if you intend to relocate with your child. “Relocation” is defined as a “change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights.” Pennsylvania has specific statutory steps which must be followed before you are permitted to relocate with a child of whom you have shared custody, which are enumerated at 23 Pa. C.S. § 5337.
First and foremost, you are not permitted to relocate with a child unless either: (a) every individual who has custody rights to the child, by Court Order (this sometimes can include other individuals in addition to a parent – i.e. grandparents), consents to the proposed relocation; or, (b) the Court approves the relocation. If, as in most instances, the other individual(s) who have custody rights to your child do not consent to your relocation with the child, you must provide Notice of the proposed relocation to each individual who has custody rights to the child.
Notice of the proposed relocation to each party with custody rights to your child must be sent by certified mail, return receipt requested. The Notice must be mailed: i) no later than the sixtieth (60th) day before the date of the proposed relocation; or, ii) the tenth (10) day after the date you know of the relocation, if: a)you did not know or could not have reasonably known of the proposed relocation in enough time to comply with the sixty (60) days’ notice requirement; and, b) it is not reasonably possible for you to delay the date of the proposed relocation in order to comply with the sixty (60) days’ notice requirement.
Unless otherwise restricted by the relocation statute, the Notice must include the following information, if available:
(1) The address of the intended new residence;
(2) The mailing address, if not the same as the address of the intended new residence;
(3) Names and ages of the individuals in the new residence, including individuals who intend to live in the new residence;
(4) The home telephone number of the intended new residence, if available;
(5) The name of the new school district and school;
(6) The date of the proposed relocation;
(7) The reasons for the proposed relocation;
(8) A proposal for a revised custody schedule;
(9) Any other information which the party proposing the relocation deems appropriate;
(10) A counter-affidavit which can be used to object to the proposed relocation and the modification of a custody order; and
(11) A warning to the non-relocating party that if the non-relocating party does not file with the court an objection to the proposed relocation within thirty (30) days after receipt of the notice, that party will be prevented from objecting to the relocation.
If any of the above information is not known at the time you send the Notice but later becomes available, you must then promptly inform every individual who received the Notice of the newly available information.
It is important to note that the Court can consider your failure to provide proper Notice as a factor in: (1) making a determination regarding the proposed relocation; (2) in determining whether custody rights should be modified; (3) as a basis for ordering the return of the child to the non-relocating party if the relocation occurred without reasonable Notice; (4) to order the party proposing relocation to pay reasonable attorneys’ fees and expenses incurred in objecting to the relocation; and/or, (5) as a grounds for contempt and the imposition of sanctions.
Any individual(s) who receive the Notice must file an objection to the proposed relocation with the Court within thirty (30) days of receipt of the Notice, namely by completing the above-noted counter-affidavit. If any non-relocating party objects, the Court will schedule a hearing on the proposed relocation.[1]
During a hearing on the proposed relocation, you, as the party proposing the relocation, have the burden of proof to establish that the relocation is in the “best interest” of your child. The Court will decide on the proposed relocation based on the following ten factors which affect your child:
(1) The nature, quality, extent of involvement and duration of the child’s relationship with the party proposing to relocate and with the non-relocating party, siblings and other significant persons in the child’s life;
(2) The age, developmental stage, needs of the child and the likely impact the relocation will have on the child’s physical, educational and emotional development, taking into consideration any special needs of the child;
(3) The feasibility of preserving the relationship between the non-relocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties;
(4) The child’s preference, taking into consideration the age and maturity of the child;
(5) Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party;
(6) Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity;
(7) Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity;
(8) The reasons and motivation of each party for seeking or opposing the relocation;
(9) The present and past abuse committed by a party or member of the party’s household and whether there is a continued risk of harm to the child or an abused party;
(10) Any other factor affecting the best interest of the child.
If you are considering relocating with your child, an experienced family law attorney can provide invaluable assistance in presenting your case to the Court. Contact our Philadelphia, PA Child Relocation Attorneys at Pozzuolo Rodden, P.C. to discuss your legal options.
[1] If no objections to the proposed relocation are filed, among other documentation, you must file an affidavit with the Court stating that all individuals with custodial rights were provided Notice and none of the individuals filed an objection. You must also provide proof that proper Notice was given and file a Petition, with proposed order, to confirm the relocation and modify any existing custody order.