The Court … As with all Georgia custody modification cases, there must be a finding of a new material change in the circumstance affecting the child’s best interests before a modification based on relocation may be made. Family law proceedings encompass a broad range of issues, including custody, maintenance, support, valuation, visitation, relocation and termination of parental rights. As seen from the preceding paragraph, failure to file notice of a move that is ultimately deemed a relocation can have serious and unwanted consequences for the parent proposing the move. If the parents have had substantially equal time with the child, then there is no presumption in favor of or against the move. How do I notify the other parent that I want to relocate? Our PA child custody lawyers have represented over 500 parents who fought for custody orders that were in the best interests of their children. 10 factors that affect child custody relocation in Pennsylvania 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. Relocation means a change of residence for the child that would significantly impair the ability of a nonrelocating parent to exercise custodial rights. NNEDV is a 501©(3) non-profit organization; EIN 52-1973408. Relocation of a Child. Relocating with your child after a custody order is in place. Arkansas law gives the custodial parent (the one with primary custody of the children) the presumption that any relocation with the children is in their best interest. Normally, the judge will hold the hearing after receiving the other parent’s objection and before the relocation occurs but it is possible that the judge could decide on his/her own that a hearing is necessary and hold a hearing even before receiving the other parent’s objection. The trial court held that her filing of the notice was a concession that the move was a relocation, but the Superior Court disagreed. © 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. The following issues relating to relocation and child custody often come up for divorced parents who face the aspect of moving not only to a different city, but sometimes to a different state. In other words, only a move that has this effect on another parent’s custody is subject to the law’s requirements, as discussed below. Child Custody Relocation Laws in Washington State. Long-standing law in Pennsylvania is that the most important consideration when determining custody is the best interest of the child. 5337 now makes clear that relocation requires either consent of all persons with custodial rights to a child or judicial approval. Pennsylvania child custody lawyers provide answers to frequently asked questions with regards to Pennsylvania child custody and custody laws. A factor in making a determination regarding the relocation; A factor in determining whether custody rights should be modified; A basis for ordering the return of the child to the non-relocating party; Sufficient cause to order the party proposing the relocation to pay reasonable expenses and counsel fees incurred by the party objecting to the relocation; and. Consistent with the Act’s statutory change, the Complaint for Custody Paragraph 9 has been revised to include a third party seeking custody of a child under 23 Pa.C.S. Physical Custody is divided into the categories noted below. Can I get temporary custody as a part of a protection from abuse order (PFA) against the other parent? The following guidelines address what are commonly termed child custody evaluations, involving disputes over decision making, caretaking and access in the wake of marital or other relationship dissolution. Speak with a PA Child Custody Lawyer. Relocation is defined in Pennsylvania’s Child Custody Act, as a change in the residence of the child which significantly impairs the ability of a nonrelocating party to exercise custodial rights. The relocating parent must do so by filing an affidavit stating that all notice requirements were complied with and that the time to file an objection has passed without any objection having been filed. 2 There are very specific requirements of how you have to notify those who have custody rights. Any other information which you think is appropriate to include. § 5337(k). This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. In determining whether to grant or deny a particular proposed relocation, the court must consider all of the following factors and must give weighted, or extra, consideration to any factors that affect a child’s safety: If the non-relocating parent does not file an objection, the parent proposing the relocation must still seek confirmation of the relocation from the court. Relocation and the Best Interests of the Child: The most common scenario of relocation in the context of custody is when the residential parent wants to move further from the other parent’s home. §§5321 – 40) requires courts to make decisions based on the best interest of the child. In some cases, if the judge believes that there are emergency circumstances, the judge could approve the relocation first and then hold a hearing to make a final decision.3  (However, this doesn’t necessarily mean that the judge’s ultimate decision after a hearing would favor you. §§5321 – 40) requires courts to make decisions based on the best interest of the child. The possibility of preserving the relationship between the non-relocating party and the child through appropriate custody arrangements, considering the location and financial circumstances of the parties. Under Pennsylvania’s Child Custody Act, 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. If a parent with custody rights has moved away due to military duty, can s/he give those rights to his/her family members? Custody cases can be emotional, so you should enlist the help of Child Custody Lawyers in Lancaster PA. (2) Notice, sent by certified mail, return receipt requested, shall be given no later than: (i) the 60th day before the date of the proposed relocation; or Moving Away: Tennessee Child Custody and Relocation Laws Child Custody Law / By Hunter Fowler There could be several reasons for a custodial parent to relocate, but when a parent plans to move a child away from the other parent, Tennessee law requires strict compliance to prevent being found in violation of the law or being in contempt of court. State laws also vary what presumptions courts can apply in a case. This Act applies to all custody proceedings after January 24, 2011. Our Allegheny County custody law firm has successfully represented parents who wished to relocate with their children as well as parents who wished to stop the other parent from moving with their children. ), ( 2 ) 2 23 Pa.C.S.A a temporary order is in. 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