Can I Move Out Of Pennsylvania With My Child After a Divorce?
There are a number of reasons why you might want to move to a different state after your divorce, such as to pursue a new job or move closer to family. However, moving states with your children after a divorce isn’t as easy as just picking up and moving. In fact, there are certain procedures you need to follow before moving out of state with your children, such as giving relocation notice to whoever has joint custody of your children. If you are considering moving out of state with your children after your divorce and are looking for more guidance on how to do so legally under Pennsylvania law, contact the Pennsylvania divorce attorneys at Barbara Flum Stein & Associates today.
Providing Relocation Notice
In Pennsylvania, you must provide anyone else with custodial rights over your child with notice that you wish to relocate at least 60 days in advance of your move. If you are unable to provide 60 days’ notice, for whatever reason, you must provide notice to all other custodial parties within 10 days of deciding on your move. For example, if your employer only provides you with 30 days notice that you will be relocated to a different state for your job, you are required to provide all other custodial parties with notice within 10 days of finding out that your employer is relocating you.
You may be wondering what information you are required to disclose in your relocation notice. Under Pennsylvania law, you are required to disclose the following:
- Your new address and phone number,
- Your proposed relocation date,
- Your proposed visitation schedule after moving to your new home,
- The names and ages of everyone living in your new home,
- Information regarding the child’s new school district, and
- Any other information relevant to the move.
If the other custodial party has any issues with your relocation plan, they have 30 days to object. If they do not object within 30 days, they may permanently waive their right to object.
If the other custodial party decides to object to your relocation plan, then your relocation will have to be settled in court. Ultimately, if your move becomes an issue in court, the court will make a decision based on what it believes to be the best interests of your child.
The Court’s Determination
Speaking of going to court, below is a list of factors the court will consider when deciding what is in the best interest of your child:
- How the move will positively impact your child’s life,
- Your motivations for wanting to move out of state,
- How realistic visitation options will be after your move, and
- The validity of the other custodial party’s objections to your move.
If you are proposing the move, it will be your responsibility to prove each of the above. Keep in mind that there is a large grey area that courts linger in when deciding such issues, so make sure you speak with an experienced divorce attorney to learn about the options you have in your specific case. Contact Barbara Flum Stein & Associates in Pennsylvania today at 610-565-6100 or visit us online to schedule your free consultation.
Resource:
legis.state.pa.us/WU01/LI/LI/CT/PDF/23/23.PDF
