Moving Out Of State Without Custody Agreement In Pa

Pennsylvania Child Custody Act defines a “move with children” as a change in the child`s home that “severely affects the ability of a non-moving party to exercise custody.” The key question in determining a “significant impairment” is whether the move severely impairs the other parent`s ability to see the children in a way that is closer to the ease and time they had with their children when the other party did not move. As a general rule, moving with children to the same county or in the immediate vicinity of the non-moving parent is not considered a move. However, it should be noted that the “removal” law in the context of relocation does not define, but focuses on the ability of the non-moving parent to exercise custody after the other parent`s move. The relocation proposed by the custodial parent cannot take place unless: 1) any other person having custody of the child agrees to the relocation or 2) the court authorises the relocation. If the parent who does not move does not object, the parent who proposes the move must nevertheless obtain confirmation of the move from the court. The parent who moves must do so by making an affidavit attesting that all the obligations of termination have been fulfilled and that the time limit for appeal has elapsed without any opposition having been filed. It is your responsibility to prove to the judge that the move is in the best interests of the child based on the above factors and that your motivations are good for the move. The party who is not moving must prove that they have good reasons for objecting to the move.2 The moving parent must also attach an affidavit for the non-moving parent, in which they state their position on the proposed move and the proposed revised custody plan. The communication must also contain a warning to the non-moving party that, if it does not respond within thirty (30) days of receipt of the notification, they are prohibited from objecting to the relocation. The court found that the relocation proposed by the mother was in fact an attempt on her part to infringe and thwart the father`s rights of access to the child. As a result, not only did the court reject the mother`s request to move with the child, but it also handed over full custody to the father. If you or someone you know is thinking about moving or would like more information about child custody law, please contact our office.

The above information is not intended to provide legal advice for your particular situation, but as a reference to information. It would be important for us to understand the facts of your individual custody agreement before discussing the impact this law could have on you. If a non-moving party does not accept a proposed relocation, they may appeal to the Tribunal and apply for a temporary or permanent injunction to prevent relocation. . . .

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