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Advocates In Hazleton

Child custody rules about moving out of state

On Behalf of | Aug 24, 2021 | Child Custody |

The child custody agreement both parents work out in a Pennsylvania court typically spells out visitation and living arrangements. The goal is to allow both parents to spend time with their child and build strong relationships. However, what happens when one parent plans to move out of state?

The court and the other parent must consent

Taking your child out of state without permission from the other parent and the court is not possible. To ensure that all parties to the child custody arrangement receive adequate notice, the parent proposing the move must give a 60-day written notice of his or her intent.

What are the rules when a 60-day notice is unreasonable?

When relocating while under a child custody order, the 60-day rule is not always possible to observe. The law offers parents who received a shorter heads-up the option of letting the other parties know by the 10th day after they learned of it themselves.

What goes into the notice?

It is important to include in the notice the new address where the child will reside. However, the burden of notification does not stop there. You must also provide the other parties to the custody agreement with the name of the new school district and school, the date and reasons for the relocation, and the names of the people who will be living at the new place.

Part of the mandated notice is a counter-affidavit, which the other party can use to oppose the move. He or she has 30 days from receipt of the notice to do so. If an individual does object to his or her child relocating with the other parent, the court will schedule a hearing. If there is no objection, the court will modify the custody order to reflect the change in the custody arrangement.