A move-away or relocation scenario can make shared custody far more challenging than it might otherwise be. If one parent plans to leave Pennsylvania or move far enough away to complicate regular custody exchanges, the matter likely requires a custody order modification.
There are two different approaches to relocation cases. Parents can either work together or they can litigate if they do not agree about a proposed move.
How the cooperative approach works
If one parent intends to move and the other recognizes that the move is necessary and likely beneficial for their children, they may work together to establish a new schedule for custody. Parents can submit any terms that they both agree on to the courts for an uncontested custody modification. Extended parenting time during school breaks is a common solution for offsetting a reduction in the frequency of custody exchanges.
How the contested approach works
Technically, the parent proposing a move that is likely to have a significant impact on custody arrangements must provide prior notice to the other parent at least 60 days before the move. Doing so provides the other parent an opportunity to contest the move.
The parents can then address the issue at a family court hearing if they can’t reach an agreement. Judges hear from both parents and then decide whether the move is actually in the children’s best interests. They can modify the custody order to reflect the new arrangements for the family.
Parents proposing relocations need evidence showing that a move could benefit their children, while those opposing relocations may need to show how the increased distance could negatively affect family dynamics and their children. Having legal guidance when pursuing a post-decree custody modification can help parents understand their rights and present their situation effectively in family court.
