Whether you just resolved your divorce or it’s a more distant memory, you might be thinking about starting fresh and moving to a new place. But if you have kids, picking up and relocating requires overcoming a few obstacles.
Under Pennsylvania family law, “relocation” means that one parent has moved his or her child’s residence to a distance that impairs the other parent’s ability to visit the child as often as the custody agreement allows. That distance might be a few hours away, or it could be a few states away.
Before You Move
Before moving with the kids after divorce, both parents must provide consent or the court must approve of the relocation. Here’s a short breakdown of how the process works.
First, you’ll need to notify your ex by certified mail at least 60 days before you plan to move. The notification must include certain information, such as the new address (if you already know it), who will live there, when you plan to move, proposed revisions to the custody schedule, and more. The same notification must be submitted to the court along with the proper paperwork.
Next, your kids’ other parent has an opportunity to object to the relocation. He or she must file a counter-affidavit within 30 days. If that happens, you will need to attend a relocation hearing during which a judge will determine whether you’re OK to move with your kids.
Need Advice? We’re Here.
Change is good, but it’s critical to follow the rules under Pennsylvania law. We recommend you give our firm a call if you’re a divorced parent and are thinking about relocating. Our team can give you the rundown of the steps ahead and the hurdles you might face.