Craig Zotter & Associates

Relocations

In Pennsylvania, courts pay very close attention to the best interests of children in relocation and visitation matters, and it is strongly presumed that those interests are best executed by continuing relationships with both parents.

The relocation wishs of one parent are subservient to the other parents rights and the need for ongoing reciprocal involvement between that parent and the children. A move that would remove the children from an environment they are familiar with to transfer them from one state to another would require court approval, especially if the second parent objects. A parent who simply opts to uproot with the children would face abduction charges.

Fundamentally, in a relocation involving considerable distance, the bottom line for Pennsylvania courts is combining the best interests of the child with the parent's right to equitable access without having to suffer undue hardship to fulfill that need.

Because relocation is very difficult for children, the courts may request an outside evaluation. Pennsylvania's custody law will factor into custody decisions the stability and consistency of any proposed change in custody or environment. Given a choice between disrupting the lives of the children or keeping their lives the same as they had been, Pennsylvania courts normally will keep the children's live stable. The court has wide discretion and will consider many factors before granting or denying permission for the children to be relocted. Some of those reasons would be:

  • The relationship between the children and each parent prior to the request to relocate

  • The true motivation of the parent trying to relocate

  • The reasons why the non-relocating parent wishes to prevent the move

  • Whether the move would improve the lives of the children

  • Whether a realistic visitation schedule for the other parent could be formulated if the relocation is granted

  • The preference of the children (based on the maturity and reasoning of the child)

  • Extended family, siblings, friends and a support network

  • Will the move injur the relationoship between the chld and the non-moving parent

  • The duties toward the children that each parent performs

  • Abuse perpetrated by one parent against the children


    • Craig Zotter & Associates are prepared to defend your parental rights. Whether you are petitioning for the right to relocate or challenging your ex-spouse in their efforts to relocate, you need strong and experienced representation. Our attorneys will provide that representation. Call us at 412-201-1111.