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Child Relocation and Custody Orders

There are a variety of reasons why a parent would want to relocate their family. Common reasons include new career opportunities, better quality of life, or improved educational opportunities for their children. However, it is important for parents to understand how the relocation will affect the child, as well as the child’s relationship with the other parent given a custody agreement.

In many cases, the parent who wishes to relocate has to follow strict guidelines before relocating with the child. If you are a parent who is looking to relocate or the mother or father of your child has relocated without notifying you, it is critical to carefully consider and exercise your rights.

Chester County PA Attorney for Child Relocation Hearings

The experienced legal team at Ciccarelli Law Offices have a thorough understanding of the laws associated with child custody in Pennsylvania. With meeting locations in Lancaster, West Chester, Philadelphia, Kennett Square, Plymouth Meeting, Springfield, King of Prussia, Radnor, and Malvern, our family lawyers are able to provide quality and convenient legal representation to clients throughout the state.

Our compassionate team will approach your case with the tact and guidance necessary to help you exercise your parental rights, against your ex husband, ex wife, or other partner.

Call (610) 692-8700 or send an online message for a free consultation so we can act as soon as possible. We are based in West Chester PA and serve clients throughout Chester County, Lancaster County and suburban Philadelphia including West Chester, Kennett Square, Oxford, Avondale, Landenberg, West Grove, Paoli, Malvern, Downingtown, Coatesville, Exton, Parkesburg, Berwyn and Devon.  We have convenient meeting locations in Lancaster, Philadelphia, Plymouth Meeting, Kennett Square, Malvern, Springfield, King of Prussia, and Radnor. Our family lawyers serve those with immediate legal needs in Chester County, Montgomery County, Delaware County and Lancaster County.

Relocating a Child After a Pennsylvania Custody Agreement

Child Relocation Custody Hearings in Chester County PA

According to Pennsylvania law, if the custodial parent wants to relocate with the child, he or she must provide written notice to each person who has custodial rights of the child. This notice must usually be given at least 60 days before the scheduled move.

After the non-custodial parent has received the written notice, he or she can either agree or disagree with the relocation. If the parent disagrees with the proposed relocation, he or she must file a motion with the court requesting a hearing within 30 days of receiving the notice.

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Factors That Influence Relocation Approval in Pennsylvania

If a motion is filed and a hearing takes place, a judge will decide whether or not the relocation will be approved. Several factors go into the judge’s decision, including:

  • The child’s relationship with each parent
  • The reason for the desired relocation
  • The reason the non-custodial parent is against the move
  • Whether or not the child’s overall quality of life will be improved by relocating
  • Whether or not the distance of the move will make it too difficult for the non-custodial parent to maintain a schedule for visitation

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Penalties for Relocating a Child without Permission

If the parent receives sufficient notice of the proposed relocation and does not object or file a motion for a court hearing within the allotted amount of time, he or she cannot object to the relocation in the future. However, the parent who is relocating must still file paperwork with the court before relocating.

If the parent relocates with their son or daughter without giving the other parent sufficient notice, or without getting permission from the courts, he or she can be in contempt of court for violating the child custody order.

If a parent is found to be in contempt of court, he or she can be ordered to pay the court cost and attorney fees of the other parent, be sentenced to time in jail, or even lose custody of the child.

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Pursuing Parental Rights and Child Relocation with a Family Law Attorney

If you are in a situation where you must relocate your family or if you wish to contest your child’s relocation, contact the qualified Chester County family law attorneys of Ciccarelli Law Offices. We proudly serve mothers and fathers throughout West Chester, Phoenixville, Coatesville, Norristown, Exton, Media, Downingtown, and nearby areas during this stressful time.

Call today at (610) 692-8700 or send an online message to schedule your consultation. Your first consultation is free, and it is the first step in figuring out the best approach towards achieving an amicable resolution based on your specific circumstances.

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