Relocating with children when there is a custody order
In many situations, it may be important that a parent move. It could be for a job or other opportunity, it could be to continue an ongoing relationship, or it could be to be closer to relatives. Whatever the reason for a relocation, the move must be approved by the courts if there is an existing custody order that dictates how much time each parent spends with the children.
At Cognetti Law Group, we understand how a relocation may affect you, your children, and other family members. Whether you are the parent relocating or the parent staying in place, our Harrisburg area attorneys use extensive experience and knowledge of the Pennsylvania custody laws to ensure that your rights are preserved and the best interests of the children are protected.
Relocation and custody orders
Even if a parent has full custody of the children, they cannot just up and move. This may be possible if the move is local and the location of the new residence does not affect the custody order. However, it is always best to consult with a lawyer about whether relocating will put you in violation of a custody order.
Some child custody orders are very detailed, with specific guidelines around when a parent may leave the jurisdiction with a child, even if it is just on a vacation. In this type of situation, it is essential to have an attorney on your side who can advise you on how the custody order may be modified to accommodate the relocation.
Approval of move-aways
While the move may be in the parent’s best interest and ergo in the children’s as well, the other parent may not agree to the move and attempt to block the custody order from being modified to accommodate the move. If there are persuasive grounds for objecting to the move, the judge may not allow it. The custody order would then stand as it did before the petition for modification and relocation, and any violations of that existing order would be subject to enforcement and contempt.