Montgomery County, PA Child Relocation Lawyer
Relocating a Child After Divorce
If you are seeking to relocate with your children after a divorce in Montgomery County, PA, you will likely encounter difficulties due to certain restrictive laws, especially if the other spouse does not comply. Thankfully, an experienced PA lawyer can help simplify your legal matters and get you and your children moving at a convenient time.
The Law Offices of Sheryl R. Rentz can help you with your relocation questions or problems. Whether you are concerned about your children or child custody issues, looking to draw up a relocation contract, or wanting to negotiate the terms of an existing contract, we can help you. We have years of experience handling tough divorce and relocation cases throughout Pennsylvania. Our offices offer free consultations for any potential client.
What Happens if I Want To Relocate with My Children after a Divorce in Pennsylvania?
Any parent who wishes to relocate (within the U.S. or relocating outside the U.S.) must contact the court for permission. If children are involved, the parent has to argue to the court that:
- The move is in the best interests of the children, and
- The move is not being done to spite their ex-partner.
These laws are designed to protect the interests of all involved parties. Because of the difficulty involved in such relocation cases, it is always a good idea to consult with an experienced PA divorce relocation attorney who can work solely for your best interests.
What Factors Go into a Judge’s Decision Regarding Relocation?
Several factors are involved in a family court or judge’s decision regarding relocation. These include:
- An examination of the relationship between the children and the two parents, their siblings (if any), and any other person who may be involved in the upbringing of the child;
- Any contracts or previously agreed upon conditions regarding movement of the children;
- Whether it would impede the relationship of the children with the other relative;
- Whether it would benefit the child more than if they stayed where they lived;
- The age of the children and any standards of living; and
- Where the parent and children are moving to and whether or not the move will ultimately benefit the children.
The ramifications of all of these elements must be carefully investigated before allowing a relocation to occur in order to ensure that the best interests of the children are being met.
What Happens if I Want to Move Out of State?
Sometimes, the custodial parent decides that they want to move out of state with the child. This can be due to employment, education, or just a desire to change locations. When this happens, the custodial parent must petition the court in the same way they would if the relocation were happening within the state. It is not usually the distance that becomes the problem in relocation cases, but rather how this change in residence will affect the non-custodial parent’s ability to visit the child based on the court-appointed visitation schedule.
This is why courts prefer to be involved when it comes to child relocation cases. They will take into consideration the same factors they did when examining an in-state relocation such as the effects the move will have on the child as well as the non-custodial parent.
If you are in the process of moving out of state and do not know how to proceed with the court petition for relocation, it is recommended you have a licensed attorney present, like those at the Law Offices of Sheryl R. Rentz, P.C. to assist you with the proper documents and information you’ll need to provide the court in order to ensure you are meeting all the necessary requirements for instituting a petition for relocation.
How Do I Handle A Relocation Case?
There are two ways you can go about handling a child relocation case. You can either try and work it out civilly with your former spouse or be forced to go to court. The first, of course, would make the situation much easier and less stressful for all parties involved. If you can come to an agreement on how the visitation will be carried out after the out-of-state move occurs, then make sure you get the final compromise in writing, so there are no discrepancies or confusions later.
Otherwise, if you and your former spouse cannot come to an agreement amicably, then the custodial parent will have to petition the court as stated before, and provide enough notice and information to the court before any relocation can occur.
In either situation, consulting a Montgomery County family law attorney is wise because they will be able to help you draft any agreements you and your spouse come to as well as assist you in an event a court case results.
What Do I Have to Provide to the Court for My Relocation?
Courts will require certain information before rendering a decision on whether they approve or deny the request for child relocation. This is why hiring an attorney is beneficial because they will explain to you all these pieces of pertinent information a court will ask for.
According to Pennsylvania law, when filing for a petition for relocation, you will be asked to provide information including the new residence’s address, telephone number, name of the school and district, date of the relocation, and reasons for the move. This is just some of the many listed under required information.
What Happens if I Don’t Give Proper Notice?
Each state will have a different designated timeframe upon which you have to give notice, so consulting an attorney familiar with the laws surrounding child relocation in custody situations is essential. Courts do not like when the custodial parent fails to give adequate notice about the proposed move. Even worse is if the custodial parent has already taken it upon themselves to move out of state without any notice at all.
If this happens, the judge will take these actions and lack of notice into consideration when making a final decision on whether the child relocation is acceptable or not. This may also influence their decision on revising the custody agreement, having the child live with the current non-custodial parent, and the judge may even find the custodial parent in contempt for failure to adhere to the proper procedure and protocol for filing a relocation petition.
Providing Satisfactory Family Law Case Outcomes throughout Pennsylvania
Regardless of whether you want to renegotiate some conditions of your divorce or resolve a relocation issue, having a family law attorney on your side can help you significantly.
The Law Offices of Sheryl R. Rentz are one of the few law firms offering free evaluations on these kinds of matters, so call or contact us at (866) 290-9292 today. We have years of experience in dealing with divorce law and are ready to answer any and all of your questions.
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