Pennsylvania law defines relocation as “a change in a residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights.” 1 Unlike some other states, Pennsylvania’s relocation laws do not specify whether or not they only apply to people who want to relocate out of state or people who … A child custody relocation case, where one parent wishes to move out of state with the child, typically involves a trial where the left-behind parent can make a case for why the other parent should not be allowed to relocate with the child. Rebecca's Question: I have sole physical custody and our court order states the specific drop off and pick up location for visitation, as well as stating the children are not to leave this state without written permission from the other parent. If they won’t agree, you’ll need to get a judge’s permission to move. Where both parents equally share custody, the parent opposing the relocation does not need to establish the significant change of circumstances and the detriment to the child that a non-custodial parent must show. Moving Out-of-State with the Child(ren) Parent relocation is one of the most common grounds for seeking a change in custody. In general, a state may make a custody decision about a child if 1 of the following is true: The state is the child’s “home” state. In general, the parent looking to relocate must give notice to all other individuals entitled to … If the parents share joint or legal custody, a relocating parent must provide the other parent with 45 days advance notice of a move out of state or a move that is equal to 100 miles away within the state. When a parent moves out of the family residence during a divorce, the children l typically remain in the family home with the other parent. If the parent moves the child over the other parent’s objections without a court order, they run the risk of losing custody to that parent in the long run. Even for a custodial parent, moves out of state can be frowned upon if the change will limit the children's time with the other parent. The longer the parent who moves goes without seeing the children, the more likely that parent will be awarded less physical custody or visitation. However, many foreign countries will not enforce United States custody orders when a parent moves to another country. For example, if the parent seeking to allow a court in a state other than the child’s home state to have jurisdiction over … Maybe. If you are a parent who has sole custody of your child or children, you do have the right to move out of state with your children. Lastly, a relocating parent might want to consider setting a new custody schedule that would permit extended vacation visits with the non-relocating parent, in order to continue and possibly deepen the bond between the child and the non-relocating parent. If the out-of-state parent wants to modify custody (or adjust child support), he or she will have to file the action in Texas. That is unless you get approval from the courts that issued the child custody orders. I tried to leave him yesterday & he has alreay started saying our son will "be with him". A reexamination of the custody arrangement is presumed necessary in move-away cases where there are existing joint custody … An experienced child custody attorney can advise you of your legal rights and the state laws that will come into play. Under Michigan law when both parties share legal custody, a child has legal residence with both parents and that legal residence cannot be moved to a location more than 100 miles from the child’s original legal residence, except with consent of the other parent or by permission of the court, or unless the move would cause the child… The burden of proof incumbent upon the parent who moves is to affirmatively show that the move is in the children’s best interest. Additionally, the parent should consider frequent travel plans from their new home to a convenient location for the non-relocating parent. If the custodial parent moves out of state with the child and no permission, it gets messy. 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