You just got a job offer for your dream job in the town you have always wanted to live in. Life is looking up, and you are ready to start a new life there with your family. There’s only one problem: your ex. You have a child together, and he doesn’t want you to go.
This scenario is governed in Pennsylvania by the Relocation Statute. It dictates the process that must be used if you want to move with your child to another location in Pennsylvania. Our firm handles these cases in multiple counties, including relocation in Pennsylvania child custody actions in Potter County, McKean County, Tioga County, Cameron County, and Elk County. Unfortunately, the law is rather complicated and the number of things that the Court must consider is overwhelming to the lay person. Relocation should not be attempted without the assistance of a Pennsylvania custody lawyer.
Under Pennsylvania’s Relocation law, you are required to send a Notice of Relocation proposal to your child’s parent. The statute includes very specific things that must appear in the notice, and failure to include them will defeat your attempt at relocation. You must also attach a counter affidavit that allows the ex to check whether he agrees with the relocation or contests it.
The other party has 60 days to respond to the Notice. They can either consent to relocation, object to relocation, or consent to the relocation but object to the changes in custody schedule. Their response determines how you will proceed.
We often also file a Petition to Modify Custody with Relocation. This Petition alerts the Court that you intend to relocate and have served the other parent with the Notice of Relocation. The Court will schedule a hearing to oversee your request for relocation. If the other party has objected in any way, the Court will hear from both sides and issue an Order regarding your requested relocation. If the other party consents to your relocation, you can simply draft and sign a new custody agreement that reflects the changes.
The process of relocating with your child or children is made complicated by the notices, petitions, hearings, and other requirements involved. Hiring an experienced attorney can help you to fulfill the legal requirements involved and to make this process as smooth as possible. If you are considering relocating with your child or have more questions regarding relocation, please call our office at 814-274-8612. Let us work hard for you.
*The contents of this site are for informational purposes only and do not constitute legal advice. No attorney-client relationship exists until you meet with one of our attorneys and they agree to accept you as a client.