RELOCATION IN CHILD CUSTODY CASES
Are you a parent who has been offered a job in a different state? Have you learned that the parent of your child may be moving out of the area? Relocation is tough on children. These cases are also extremely difficult for judges to decide. If you are considering relocating or facing the potential relocation of your child’s’ other parent, you need experienced legal representation.
Pennsylvania’s child custody law was recently amended to include a section that addresses relocation. 23 Pa. C.S.A. §5337 sets forth very specific requirements that parents must follow in a relocation case. For example, a parent who intends to relocate must provide written notice to every person who has custody rights to the child before the relocation occurs. The law sets forth when the notice must be provided, how the notice must be provided and information that must be provided to the non-relocating parent. If the non-relocating parent objects to the relocation, he or she must file a counter-affidavit with the court within 30 days of receipt of the proposed relocation.
Parents have several options when considering relocation. One option is for parents to sit down with an experienced mediator and attempt to negotiate a parenting plan for the family. Alternatively, parents can each hire a collaborative law attorney to work in four-party conferences to negotiate an amicable agreement. If parents are not able to negotiate an agreement, a hearing before a judge is required. It is important to note that whether you address your relocation case through mediation, collaborative law or a judge hearing, you must adhere to the requirements set forth in the law. In most cases, parents cannot relocate a child without the written consent of the other parent or court approval.
At a relocation hearing, the judge must consider 9 specific factors and any factor affecting the best interests of the child. The court must give weighted consideration to those factors that affect the safety of the child. The factors set forth in §5337(h) are as follows:
(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 or object to a proposed relocation of your child, it is strongly recommended that you consult with experienced legal counsel. Our experienced custody attorneys are ready and able to sit down with you to explain the law and advise you on the best way to handle your case.
Attorney Debra R. Mehaffie has handled many child custody relocation cases. She is an experienced litigator and has been trained in collaborative law and mediation. This means that she can provide her clients with a variety of ways to handle these very complex cases. Please contact Attorney Mehaffie for a consultation today.
Debra R. Mehaffie, Esquire
Hynum Law, P.C.
