State College area parents understand that there are circumstances in which they will need to move residences. A parent may have a new job opportunity or may need to move because of personal reasons. Regardless of the reason, moving to another state can be complicated if there is a child custody arrangement in place.
What is relocation in Pennsylvania?
Pennsylvania law defines relocation as a “change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custody rights”. Pennsylvania does not define whether relocation applies to those who want to move within the state or out of state or people who want to move beyond a certain mile radius.
How can a person with a custody order move?
Pennsylvania law says that a relocation cannot happen unless everyone who has custody rights to the child consents to the move or a judge allows it.
There are specific steps a person needs to take in order to notify those with custody rights. These include:
The notice must be sent by certified mail, return receipt requested, no later than:
- The 60th day before the date of the proposed relocation or
- The 10th day after you know about the relocation only if you did not know and have time to give the 60-day required notification and it is not possible to delay the relocation to meet the 60-day requirement.
What happens if the other parent objects to the move?
If the other parent objects to the move, they need to file an objection with the court within 30 days of receiving the relocation notice. The judge will then hold a hearing to decide if the relocation can occur.
A legal professional who is skilled in Pennsylvania child custody can help their client understand their options when it comes to relocation. They can make sure their client follows the proper process and represent their interests if there is any objection.
