Law Office of Joanne Kleiner

Archives for April 2016

Apr 20

Relocating with a Minor Child—Pennsylvania Law

Relocating with a Minor Child

In the aftermath of a divorce, there may be many reasons you want to relocate—a new job, closer proximity to family or friends, or just to start over with a change of scenery. But if there are minor children and you have physical custody, you need to be very careful when considering such a move.

Under Pennsylvania law, you must obtain court approval before you can relocate outside of the state, and even if you relocate inside Pennsylvania, if the distance between your new residence and the non-custodial parent would “significantly impair” that parent’s ability have meaningful access or custodial time with the child. You must also have the approval of the non-custodial spouse or any party with custodial rights to the child.

So what does it mean to “significantly impair” a non-custodial parent’s rights? The first assessment the court will typically make is the extent to which the move would change both the amount of time the non-custodial parent would have with the child, and the ease with which the non-custodial parent would have access to visitation. It’s important to understand that the Pennsylvania child custody laws do not establish any specific distance as a relocation—a move within the same county may (though rarely is) be found to constitute relocation. Conversely, under the right circumstances, a move of a few hundred miles may not qualify as relocation.

It’s also important to understand that these provisions apply whether or not there is a custody order in place. While a parent’s right to take a child out of the state is not as limited, in the absence of a custody order, a parent cannot relocate with a minor child in the absence of court approval and the approval of the other parent, even if no divorce proceeding has been filed.

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At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Apr 11

Understanding Child Emancipation in Pennsylvania

Child Emancipation

In Pennsylvania, as in most states, a parent has the legal obligation to provide support for a minor child, with the requirement terminating on the child’s 18th birthday. There are instances, however, when that responsibility may cease before the child becomes 18.

Unlike many other jurisdictions, Pennsylvania does not have a statute that identifies the circumstances under which a minor will become emancipated. Instead, the courts have held that the determination of whether or not a minor is emancipated is an issue of fact, to be evaluated and decided based a number of criteria, including:

  • The extent to which the child is living on her or her own
  • Whether or not the child is dependent on a parent for support
  • The extent to which the child relies on parents to make decisions regarding employment, education, health or other key factors
  • The age of the child seeking emancipation or whom a parent seeks to establish as emancipated—the younger the minor, the less likely the court will find the child to be emancipated

If the court concludes, based on the facts, that the child is emancipated, the court may rule that the parents no longer have any legal responsibility to provide for the child’s welfare.

It’s important to understand, though, that a determination of emancipation is not necessarily permanent. If a minor is determined to be emancipated, but circumstances change, such that the minor is no longer able to either provide for his or her own needs, or make his or her own decisions, the court may invalidate the emancipation and order parents to provide support.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.