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.
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.