Relocation

Submitted by lisamarie11487… on Mon, 08/18/2014 - 09:24

Hello, I have two questions.

 

#1- My son's father and I do not have any custody agreement set in place. Our son will be 4 in two months and his father has not seen him not had any contact with him since he was two months old. That being said, if I wanted to re-locate would I need approval from his father and/or the court?

 

#2- My boyfriend has a child from a previous relationship. He is the non-custodial parent but has visitation every other weekend. My boyfriend and I also have a child together. If we want to re-locate, I'm assuming it would need to approved by the other party and/or the court. My question is, is there a better chance of the relocation getting granted since he is the non-custodial parent? Does the custodial parent need a legitimate reason to object the relocation (the type of person she is, she would object just because she doesn't like to see us happy). He would still want visitation (maybe spring break, some time in the summer, a major holidy). The reason for our re-location would be for a better quality of life for our family: job opportunities, a better area to live in, etc.

 

THank you!

Best would be an agreement among all parents.  You should make attempts to contact and meet all involved.

 

If that doesn't work, then you state and county might have rules against relocating with notification for #2 above.  As for #1 above, legally you can move since there's no court order but you should do it formally if possible.

 

It would be best to attend our meetings in PA or NJ with your court papers ... http://paface.org/content/meet-help-child-custody-child-support-and-courts

 

Relocation is a difficult law, new and interpreted differently than written in philadelphia.  I am going through it now and what I've learned is this:

1) The father of your 4 month old....did you marry him?   If you are not married can be complicated but important things to think about:  1) is his name on the birth certifcate  2) is child's last name same as his...or yours? 3) did he sign the paternity form given in the hospital admitting he is the father  

so...if you are not married and his name is not on the birth certificate and your childs last name is yours, not the fathers....you are in the best situation.  Also, if you do not have a written custody order in place (meaning you haven't filed yet for custody or support), then this is the time to move...BEFORE you have a written order in place.  Once you have a written order in place.....then it is VERY difficult to move.    

So...the relocation law in pa applies if it 'significantly alters custody', meaning if it is still feasible to keep custody schedule in place...then not relocation.  This gets tricky because in philadelphia...the law is interpreted differently.  In philadelphia, you can move within the county....which is crazy, because going from one endof philly to the other can be a significant difference versus going 5 miles and maybe then crossing counties.   

2)  The relocation law applies to the custodial parent...it's basically meant to make sure one parent doesn't move a hugh distance so that it negatively affects the noncustodial's parent ability to be involved.   So not sure your boyfriend has to jump through those hoops....

good luck

I was wondering if relocation does not pertain to both parents, why does it not specify custodial or noncustodial in most or all of the court orders? The law states that everyone with custody rights is entitled to notice and procedures pursuant to the rule. Custody is in any form of Physical/legal. Right? Why would the custodial parent who obviously has custody rights not be entitled to participate in the move like the non custodial parent is? Would it not affect some legal custody rights? What if the non custodial decides not to disclose the new location although you are obliged to have your children open for visitation sending them off to an unknown location? Does anyone know for sure if this law applies to both parents or just the one with primary custody?? I am going through something similar also, and I am completely confused and keep hearing and seeing different answers.