Custody Relocation Lawyers In Pittsburgh

Modifying Custody Arrangements

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Relocation issues can arise in a variety of contexts, for example, if one party remarries or begins a relationship with a partner living somewhere else, if one party wants to move closer to his or her own family, or even for work or education purposes. 

When one party seeks to relocate, it often gives rise to custody issues. Unlike legal custody, which can still be shared by two parents if they are living thousands of miles apart, physical custody cannot be maintained in the same way. For example, where the parties follow a 3-2-2-3 schedule, it will only work if the parents live within a certain distance from each other. Therefore, a proposed relocation may necessitate a change in custody, as well.

For assistance with relocation and modifying child custody agreements in Pennsylvania, contact our Pittsburgh relocation lawyers online or by calling (412) 281-1988.

So, how does someone go about relocating? In Pennsylvania, the party seeking to relocate must either get consent from the other parent (or any other individual with custody rights to the child) or receive court approval saying that it is okay to move.

The party who wants to relocate must notify every other person with custody rights to the child. Notice may be given via certified mail no later than 60 days before the move is going to take place. If the relocating party did not and could not have known within the 60-day window and if it is not reasonably possible to delay the relocation date to comply with the 60-day notice rule, the party may give the nonrelocating party notice 10 days after he or she knows of the relocation. Because a relocation can result in a need to change the custody schedule, the party must also provide the nonrelocating party with a proposal for a revised custody schedule.

If the relocating party fails to provide the other with reasonable notice, the court may take that fact into consideration when deciding whether to grant the relocation or custody modification. Additionally, the court could also order the relocating party to return the child to the other party, may order the relocating party to pay counsel fees, or may hold the party in contempt and impose sanctions. So, bottom line, it is very important to comply with the notice requirements of your jurisdiction. If you have any questions about how to provide reasonable notice, contact the experienced attorneys at Notaro Epstein Family Law Group, P.C. today.

Once the nonrelocating party receives notice of the other party's proposed relocation, they can either object to it or consent to it. If no one objects, the party seeking the relocation will file an affidavit which states that he or she provided notice to those entitled, the time to file an objection has lapsed, and no individual entitled to receive notice has filed an objection. The party proposing the relocation will also need to show a return receipt, which serves as proof that proper notice was given. In addition, the party will also have to file a petition to confirm the relocation and modification of custody (if necessary), as well as a proposed order. The court may approve the nonrelocating party's proposal and change the existing custody schedule.

On the other hand, if the nonrelocating party objects, he or she can file a counter-affidavit with the court and seek an order to prevent the relocation from happening. If the party objects to either the relocation or the proposal for custody modification, the parties will have a hearing before a judge.