Out-of-State Relocation with a Child After Divorce
Couples who choose to get divorced may do so in an effort to regain control of their life choices. While getting divorced may free you of your matrimonial ties, you do have a legal duty to inform the other parent if you plan on moving out of state with your child.
Relocating out of state requires that you provide notification to the other parent and any other party that retains custody rights, as well as providing notice to the court. While notification may not be required in limited situations, you must follow certain procedures before relocating with your child out of state.
The Harrisburg child custody attorneys at Purdy Law Office, LLC, believe that everyone deserves to be well-armed with information when handling legal issues. In this blog, we discuss the legal process of relocating with a child following divorce in Pennsylvania and what factors the court will examine in deciding if relocation is best for your child.
Definition of Relocation Under Pennsylvania Law
Pennsylvania law defines relocation as moving to another location in which it is difficult for the other parent to see the child, per the terms of the custody agreement. Understandably, in the aftermath of a divorce, you may decide that it is time to make a fresh start.
Even if you are the primary caregiver for your child, you cannot decide to relocate without following the state’s relocation laws. There are many reasons that a parent may move away from the other parent, even if they are co-parenting. Whether it be a new job opportunity, to be closer to relatives, or for your child to have a better education, you will first need to get court approval.
Custody Laws Regarding Relocation with Children in Harrisburg
In evaluating which living arrangements will be best for your child, the court examines which parent will provide for the child’s daily needs while also cultivating a nurturing environment. If you are planning on moving out of state, Pennsylvania law requires that you notify the other parent 60 days before you move. This notification must be done by certified mail.
According to 23 Pa.C.S. §5337, the relocation notification letter must contain the following:
- The address of your new residence
- The mailing address (if different from the residential address)
- The names and ages of all persons who will be residing at the new residence
- The home phone number of the new residence (if applicable)
- The reason for the relocation
- The proposed custody schedule
- The name of the school district and the school that your child will be attending
- Inform the parent that they have 30 days to object to the relocation
- Any other relevant information
Guidance from Experienced Counsel
If you are lucky, your ex may agree to the proposed arrangement. If your former spouse objects, they may file a counter-affidavit with the court. In this situation, the court will schedule a hearing to determine what is in the best interest of your child. At this point, you will want to retain the services of a Harrisburg child custody attorney who can help explain your intentions for moving to the court. A child custody lawyer can demonstrate to the court the meticulous planning you have done to ensure that your child’s well-being and educational, developmental, psychological, and emotional needs are being tended to.
If you can clearly show a judge the necessity of the move and that your child’s well-being remains your foremost concern during the process, you are more likely to obtain court approval.
Contact a Harrisburg Child Custody Attorney Today
When either parent decides to move away following divorce, the relocation must be approved by the court. Whether you have received a new job opportunity, are dating someone out-of-state, or are hoping to move closer to family, you must follow the proper procedures in notifying the other parent of your move.
At Purdy Law Office, LLC, our Harrisburg child custody lawyers are here to advocate for your interests and help you begin a new chapter. To learn how we can be of assistance in your relocation matter, contact us online or give us a call at (717) 674-2885 to schedule your meeting today.