In another blog, we talked about the restrictions under Pennsylvania on a parent’s right to relocate with a minor child—you must have the approval of the non-custodial spouse, as well as the approval of the court. The process for obtaining this approval is pretty clear cut in Pennsylvania. This blogs lays out the requirements.
Notice to the Non-Custodial Spouse
At least 60 days before you plan to move, you must notify the non-custodial parent of your proposed move. This notice must be sent by both regular and certified mail, and must include:
- An address and phone number for the new residence
- The names of anyone who will reside at the new home
- The name of the school, as well as the school district, where the minor children will attend
- The date of the relocation
- Your reasons for relocating
- A proposed custody and visitation schedule for after the move
In addition, you must provide the non-custodial parent with an affidavit for the other spouse to fill in, allowing them to agree or object to the move and/or the proposed custody arrangement. Your ex must also be advised that they have 30 days to respond to object to anything in your notice.
As the objecting spouse, you must complete and file the affidavit within the specified time (30 days of the receipt of notice of intent to relocate) and you must give the custodial parent a copy of your affidavit objecting to the move.
If an objection is filed, the court must schedule a hearing. The parent seeking to relocate has the burden to establish that the relocation will be in the best interests of the child. The objecting parent can also introduce evidence to challenge that assertion.
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