Moving Out Of State With Child No Custody Agreement Pennsylvania

Finally, relocation laws apply even in the absence of a custody decision. When a parent or guardian leaves the state and picks up their child, the non-moving parent can request the child`s immediate return pending a relocation hearing. People choose to move for many reasons, such as. B a new job, a remarriage or even the desire to live in a different climate. In the United States, we assume that an adult is free to move across the country without the consent of the court or a government agency. However, if a parent involved in a child custody issue wishes to move with his or her children to another state or even the same state, it may be necessary for the parent to be authorized by the other parent and/or the family court. The case, C.M.K. v. K.E.M., concerned a mother who had primary custody and intended to withdraw 68 miles from the father`s apartment. To comply with the Child Protection Act, it has filed a notice of relocation as a protection movement. Although the mother argued that her move did not constitute relocation and that she had filed the notice, in the event that the court did not agree with her afterwards, the court found that her filing meant that she had admitted a transfer. The Supreme Court overturned that decision and did not consider it a concession. This business is very useful for parents who want to move.

This means that, out of caution, parents who move can submit clues, but can still argue in court that the move is not a move. The moving parent must also attach an affidavit for the non-moving parent to complete their position on the planned move and the proposed revised custody plan. The notification must also contain a warning to the party that does not show up that, if it does not respond within thirty (30) days of receiving the notification, it should not object to the move. The Guy`s Attorney, the south central PA divorce lawyers, are always on your side by all facets of divorce and custody, no matter when complications may arise.