Naturally, you can move after your divorce, if you do not have any children. However, if you have children, the situation is not so simple. If you are the custodial parent and the other parent also has custodial rights, you cannot actually relocate if the move will significantly impact the other parent’s ability to participate in the parenting of the child in question.
However, in Pennsylvania, the New Child Custody Law or Act 112, which went into
This means that even if you want to move to a different county in Pennsylvania, you will need to obtain legal permission from your child’s other parent. This is the way it’s been since Governor Rendell signed the New Child Custody Law, or Act 112, which went into effect on January 24, 2011.
To move beyond a specified geographic distance, you must first give notice to your child’s other parent, letting them know your:
- New intended address
- The school district and the school
- Why you want to move
- Proposal for a revised custody arrangement
- Counter-Affidavit Regarding Relocation, the paper that the non-relocating parent would need to object or agree to the move
This information must be provided to the other person 60 days or more before the date of the proposed move. There are some exceptions to the relocation rule, but they are considered on an individual basis.
If the parent who is non-relocating objects, and he or she has 30 days to object by filing that Counter-Affidavit with the Court, then the case will need to be heard by the Court. A judge will then hear both sides and determine whether circumstances justify approving a move that one parent is against.
The court considers both parents’ bonds with any involved children equally important. They work from the perspective that despite a divorce, both parents can play and should play a significant role in parenting the child, unless a parent has been found to be harmful to the welfare of the said child.
Questions About How to Approach a Move After Divorce? Skilled Jenkintown Child Support and Family Law Attorney
Considering relocation? There are a number of steps you need to go through, including gaining approval from the noncustodial parent and/or the court. Maximize your chances for success. Discuss your plans and goals with an experienced attorney.
To schedule a completely confidential consultation with a knowledgeable and caring family law attorney at Joanne E. Kleiner & Associates, in Jenkintown, PA, please call 215-886-1266 or you can fill out our intake form and we will contact you.
Keeping you focused on the big picture and the issues that matter most… Joanne E. Kleiner & Associates. We serve clients throughout Montgomery, Bucks, Philadelphia counties, and the surrounding areas in matters involving Social Services, Child Protection, child custody, support, divorce, and other family law matters.
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