We are Committed to resolving each and every case in a manner that provides the most benefit to our clients.
here can be a number of reasons for a custodial parent to want to relocate, including employment opportunities, being closer to family, better educational opportunities for themselves or their children, and other considerations. Both parents have rights that need to be considered in these matters. However, the best interests of the children are always the primary concern.
At Dischell Bartle Dooley, our Lansdale child relocation lawyers represent southeastern Pennsylvania clients on both sides of these cases. We have extensive experience in child move-away cases, and we are committed to resolving each case in a manner that provides the most benefit to our clients.
Understanding Child Relocation In Pennsylvania
In the context of child custody matters, relocation is defined under Pennsylvania law as a change in a residence of a child which significantly impairs the ability of a non-relocating party to exercise custodial rights. 23 Pa. C.S.A. §5337 deals with child relocation. As a general rule, the law states that no relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the court approves the proposed relocation.
In the course of evaluating a request for child relocation, §5337 states the following:
In determining whether to grant a proposed relocation, the court shall consider the following factors, giving weighted consideration to those factors which affect the safety of the child:
- The nature, quality, extent of involvement and duration of the child’s relationship with the party proposing to relocate and with the non-relocating party, siblings and other significant persons in the child’s life.
- The age, developmental stage, needs of the child and the likely impact the relocation will have on the child’s physical, educational and emotional development, taking into consideration any special needs of the child.
- The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.
- The child’s preference, taking into consideration the age and maturity of the child.
- Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party.
- Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity.
- Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity.
- The reasons and motivation of each party for seeking or opposing the relocation.
- The present and past abuse committed by a party or member of the party’s household and whether there is a continued risk of harm to the child or an abused party.
Dedicated Representation To Protect Our Clients’ Interests
Regardless of which side of the case you might be on, we will present the strongest possible argument to support your position in the matter. Our deep understanding of the law and how the court evaluates relocation requests allows us to be much more proactive and effective in the handling of your case.