My child’s other parent is moving out of state. What are my options?

| Dec 3, 2019 | Child Custody |

Custody agreements are made based on what is in the best interests of the child. If custodial parents decide to move out of state after a child custody agreement is finalized, this can cause a lot of confusion. Knowing what is in the best interest of the child can be difficult in this situation.

Child custody laws differ in each state about what is in the best interest of the child. It is important to know what the laws are in your state before your child’s other parent crosses state lines.

Can my ex-spouse move without telling me?

In Pennsylvania, custodial parents cannot relocate without letting the other parent know. For a custodial parent to relocate, they must notify you of the move at least 60 days prior. If the custodial parent did not know about the potential move that far in advance, they must provide notice ten days before they relocate. In addition to this notice, the custodial parent must provide the following information:

  • The new residential address
  • Name and age of anyone living in the new house
  • Information about the child’s new school
  • Date and reason for the potential move
  • A new proposal for a child custody agreement

If the custodial parent does not give you proper notification there are some options available to you.

Can I object to the move?

Yes, you can object to the custodial parent’s relocation. However, you must file a formal objection within 30 days of receiving the notice from your ex-spouse. After filing a formal objection, a formal hearing will be held to discuss if the proposed relocation is in the best interest of the child. The court will look at the motivations of the custodial parent, the advantages and disadvantages for the child and the basis of your objection.

Dealing with this process on your own can be a difficult task. If your child’s other parent is planning to move out of state, you may want to seek the help of a seasoned family law attorney. They will provide additional guidance based on your circumstances.

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