Can parents move with children who are governed by custody order?

On Behalf of | May 29, 2020 | Child Custody |

There are many changes that people in Pennsylvania go through in life. Before making these changes though people generally need to discuss their options with those who will be affected by their decisions. If people have children, this means that they need to ensure that the changes they make are good for their children in addition to themselves. When making these decisions couples will usually discuss them together prior to making them.

If they are married these discussions may be easy to have, however, if they are divorced the discussion could be very difficult, especially as the change could affect the other parents’ relationship with their children. This is especially true if one parent wants to move. If the move is a short distance away it may not be a big issue, but if people are moving out of state or hours away it can have a significant impact on the other parent’s ability to see the children. Due to this fact parents cannot simply move away because they would like to.

In order to move, the parent moving needs to notify the other parent—as long as they have child custody rights—that they are planning to move at least 60 days prior to moving. Then the other parent must agree to the move or the parent seeking to move must ask the court to allow them to move.

If a judge ends up making the decision, there are a number of factors they will analyze. These include the children’s relationships with both parents, how the move will affect the children’s lives, the preference of the children, how feasible it will be to maintain the relationship with the non-relocating parent and other factors regarding the overall interests of the children.

There are many reasons that parents in Pennsylvania decide to move. There may be very good reasons that they have for moving, but if the parents are divorced and the other parent has custody rights, the final decision on whether they move is not up to them. If the parents cannot agree, the decision will be left to a judge. Consulting with an experienced attorney about the decision could be beneficial.

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