The trial court must consider and apply the ten (10) factors set forth in the recently amended custody statute when a parent requests court permission to relocate a child in a child custody case.
At a relocation hearing, the judge must consider 10 specific factors and give weighted consideration to those factors that affect the safety of the child. The factors set forth in 23 Pa. C.S.A §5337(h) are as follows:
- 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. - 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. - 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. - The child’s preference, taking into consideration the age and
maturity of the child. - Whether there is an established pattern of conduct of either party
to promote or thwart the relationship of the child and the other party. - 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. - 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. - The reasons and motivation of each party for seeking or opposing
the relocation. - 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. - Any other factor affecting the best interest of the child.
A party who wishes to relocation with a child must either have a written agreement with the other party or seek court permission. There are specific requirements to proceed with a relocation case. A Notice of Proposed Relocation must be filed with the court and served upon the other party by certified mail, return receipt requested. The Notice must include a blank Counter-Affidavit Concerning Relocation. The non-relocating party has a short period of time to complete, file and serve the Counter-Affidavit upon the relocating party. Failure to follow the requirements can result in a party receiving a court order to return a child or for a party who does not properly contest a proposed relocation, forfeiting the right to oppose the relocation.