Skip to content
  • This field is for validation purposes and should be left unchanged.
For More Than 20 Years, Helping Men Through Trying Times

Relocation Can Wreak Havoc On A Physical Custody Arrangement

Although your ex-wife was awarded primary physical custody, you share legal custody and have a favorable visitation agreement. In general, the entire marriage settlement agreement was going smoothly until you received notice that your ex-wife wants to relocate to the other side of Pennsylvania — six hours away. You consult with your Camp Hill father’s rights physical custody lawyer to learn how your ex-wife can do this and how you can try to stop her. 

Relocation procedure 

Pennsylvania amended its child custody law to include a section that specifically addresses relocation. According to the law, the parent with physical custody who has been offered a promotion that involves moving cannot simply relocate with her child. Rather, a parent with physical custody must provide notice to every person possessing custody rights to the child. The amended law provides strict guidelines on how and when notice must be given. If the non-custodial parent objects, they must file an affidavit expressing the objection. If the parties cannot reach a resolution, a hearing will be held to approve or disapprove the relocation. 

Factors to evaluate the custodial parent’s relocation proposal 

At the hearing, the judge must decide whether relocating is in the best interest of the child (BIC). The amended child custody law provides nine factors that judge will consider when evaluating the proposed relocation, including: 

  • The depth and quality of the child’s relationship with both parents and any other significant persons in the child’s life
  • The age and development stage of the child and how the relocation will affect the child’s continued physical, emotional and mental development
  • The feasibility of maintaining a positive relationship between the child and the non-custodial parent through reasonable custody arrangements
  • The child’s preference
  • Whether there is any evidence of one parent attempting to hinder the child’s relationship with the other parent
  • Whether relocating will improve the quality of life of the parent petitioning for relocation
  • The true motivations of the parent seeking relocation and of the parent opposing relocation
  • The existence of any evidence of past or present abuse of the child
  • Any other factor affecting BIC 

Fathers facing their child’s relocation with their ex-wives may hire their Camp Hill father’s rights physical custody attorney and oppose the relocation by arguing how these factors apply in their situation.  

Protecting fathers’ custody rights in South Central PA — contact us today  

If you are the non-custodial parent who received notice of your ex-spouse’s intention to move, there is limited time to file an affidavit that opposes the relocation. It is crucial to contact The Guy’s Attorney, John F. King, Esq  at 717.412.0244.

Add Your Comment (Get a Gravatar)

  • Archives

  • Categories

  • Our Office Location

    4076 Market Street
    Camp Hill, PA 17011
    717.412.0244 Phone
    717.695.2207 Fax

    Get Directions

  • The Guy's Guide

    Get The Facts That Could
    Make or Break Your Case

    The Guy's Guide to Divorce (& Custody)

    Do you feel like the system is working against you?

    Then get your FREE copy of The Guy’s Guide to Divorce (& Custody)

    You’ll discover how the system really works, and what you need to do right now to protect your rights.

    Get your copy NOW. . .


    *We respect your privacy. Confidentiality is assured.
    **If you would like us to contact you, you MUST check the box to request so. Otherwise, we will NOT contact you.

  • Frequently Asked Questions

    Can I gain sole custody of my child?

    In every custody case The Guy’s Attorney has ever been involved in, a parent has not been awarded sole legal custody unless the …

    Read MOre