Relocation

Sometimes parents want to move to a new residence in a different part of Pennsylvania, or even to a different state. Relocation cases are extremely difficult. Pennsylvania appellate courts have developed a test to help determine if a parent should be permitted to move away. This test applies to a parent with primary physical custody. There are three parts to the test that courts use to decide about relocation.

First, the parent who wants to move must show potential advantages of the move; advantages that will improve the quality of life for the parent and the children. The moving parent must also show that the move is not just a whim.

Second, the court will evaluate the integrity of the motives of each parent; the moving parent must not be moving just to stop the other parent from seeing the child, and the non-moving parent must not be trying to stop the move for unfair reasons.

Third, the moving parent must propose some kind of meaningful alternative visitation for the other parent, but this visitation does not have to be exactly what that parent had prior to the move. Domestic violence can be part of the evidence that a court should consider in relocation cases. If the primary physical custodial parent wishes to relocate, he or she should first inform the other parent (this raises safety concerns for domestic violence victims) and seek the other parent´s consent to the move. If the other parent does not consent, then the parent seeking to move must file a petition with the court asking to allow the parent to move with the children. It is very important to do this, because if an unannounced or disputed move negatively affects the other parent´s partial custody or visitation rights, the moving parent could be accused of interfering with the custodial rights of the other parent and face criminal charges.