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RELOCATION IN CHILD CUSTODY CASES

Under Pennsylvania law one parent is not permitted to relocate a child without the consent of the other parent or permission of the court.

p17If you are considering a relocation or if the other parent may relocate, you should seek experienced legal guidance in advance.

There can be serious legal consequences if a parent relocates without the other parent’s consent or a court order. Attorney Mehaffie has been successful in helping parents to stop a disputed relocation and obtaining court orders for parents to return children to the jurisdiction.

A parent who wants to relocate a child must provide notice to the other parent and important information about the proposed relocation, including a proposed new custody schedule. The non-relocating parent must be provided with the opportunity to object to the relocation. If a timely objection is filed with the court, no relocation can occur until a court hearing occurs and the court grants the relocation petition.

The relocating parent has the burden of proof and must show that the move is the child’s best interests. The relocating parent must show the court that there is a new custody arrangement that would serve the best interests of the child and preserve the parent-child relationship with the non-relocating parent.

Pennsylvania law sets forth several factors that the court must consider in a relocation case, such as the reasons for the proposed move, the non-relocating parent’s reasons for opposing the move, the relationship between the child and the parents and how the move will enhance or inhibit the child’s life. There are many other factors that must be considered as well.

Attorney Mehaffie has represents clients who want to relocate or prevent a relocation. We have helped parents in many emergency circumstances and can take the necessary action to obtain a court order in appropriate cases to prevent or permit relocations.

For a private meeting to discuss your case please contact the Law Office of Debra R. Mehaffie by calling (717) 790-2403.