By Attorney Anna L. Knych
You may want to move to a new home because of a new job or a new relationship, or even just because you would like to try something different. Generally, adults may move wherever they want for any reason, without receiving permission from any other person or the government. However, if you have minor children, they cannot be “relocated” without either the agreement of everyone with custody rights or with the approval of a court. This is the case even if there is no current custody order, and the laws and rules about moving children can be quite complex.
First, what is a “relocation”? A relocation occurs when a child moves to a new home and the move “significantly impairs” the ability of the other party (usually a parent) to exercise custody. If you are planning to move with your child and that move will make it more difficult for the other person to exercise custody, then you are required to obtain their permission or get approval from a court prior to moving.
“Significantly impairs” is not defined in the child custody statute and has been interpreted by the courts in a variety of ways. Unfortunately, there is no set distance which is allowed or which is prohibited, so it is not possible to say whether a move within a certain number of miles is allowed. Instead the law focuses on the impact of the non-moving person’s ability to have custody of the child or children. Is that person still able to see the children in the same way and for the same amount of time as before? Usually, moving with the children within the same county or school district is not considered a relocation, but relocations are very fact specific and even a move in the same county can be considered a relocation if it would decrease the other person’s custodial time or otherwise make it difficult for them to see the children in the same way that they have been seeing the children. For example, if the other party currently only has to drive five minutes for a custody exchange and the new location will require them to drive an hour, a court may find that that is a significant impairment of their custodial rights.
If you want to move and that move is significant enough to be a relocation, then you are required to follow certain strict notice requirements. At least 60 days before you plan to move you must provide the other person with a “Notice of Proposed Relocation”. The notice must be sent by both regular and certified mail. The law includes specific guidelines of what must be included in the notice and the requirements are quite extensive.
The person who is not moving then has 30 days to agree or object to the relocation. Again, there are strict rules about how and when the objection must be filed. If there is no objection, the court may confirm the relocation and modify the custody order without a hearing. If an objection is filed, a hearing must be held and a judge will decide whether or not the child may move. At the hearing, each party will have the opportunity to present evidence and testimony about why the relocation should or should not occur. The judge is required to consider the following factors:
(1) The nature, quality, extent of involvement and duration of the child’s relationship with the party proposing to relocate and with the nonrelocating 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 nonrelocating 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 also planning to change or establish a custody order, the judge must also consider the 16 custody factors. Those factors are discussed here. After considering all of these items, the judge will decide whether or not the child may move. If the judge decides that the child will not move, you may still do so without the child. In that situation, the judge will change the custody order so that the child remains with the non-moving person.
If you are planning to move with your child, you should have the situation reviewed by an experienced family law attorney. Relocation is a complex area of Pennsylvania law, and there can be significant consequences for failure to follow the law. It is best to have the facts of your case reviewed prior to making any plans and prior to actually moving. Walters & Galloway, PLLC has extensive experience representing parties involved in family law cases. Our attorneys will be happy to discuss with you the procedure involved and the specific facts that may be relevant to determining whether relocation will be an issue in your case.
