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Can my ex move away with my children?

On Behalf of | Aug 26, 2020 | Family Law

Having to split time with your children as a result of a divorce can be painful. Often, parents experience considerable fear with sharing custody, particularly parents who do not trust the other parent. One of the biggest concerns people can have in this situation is that a volatile or dishonest parent will endanger a child.

For instance, parents can worry that the other parent will move away with their child. If you are fearful of this happening, consider the following information.

Someone must approve proposed relocation

Per Pennsylvania laws, a parent who wants to relocate with a child must secure permission first. This permission must either come from all other parties with custodial rights or a judge.

In other words, a parent cannot simply decide to move out of the city, state or country with a child and then do it. There are specific notification requirements and processes in place to prevent a parent from unfairly compromising the rights of others with custody.

Those who do attempt to move with a child without authorization can face severe penalties. A judge may reduce parenting time or order the parent to return the child to the non-relocating parent. Courts could also assign financial penalties and potentially hold a relocating parent in contempt, resulting in jail time.

Adjusting to a relocation

If a parent or court does approve relocation, there are ways to adapt and maintain a relationship between a child and the non-relocating parent.

Technology can help. Video chat, texting and other means of communication can help parents and children keep in touch. Depending on a child’s age and interests, he or she may like to play games together virtually.

You can negotiate travel expenses. Depending on where the other parent moves, he or she may cover the cost for your child to see you. He or she might also agree to pay some or all your travel expenses when you come and visit.

You can adjust the parenting schedule. It may no longer be feasible to exchange custody frequently, so you might modify the plan to have extended periods of custody when you have fewer exchanges.

Relocation can create problems and stress. However, parents who are worried about relocation can call The Quinn Law Firm at 814-806-2518 to discuss their legal options and rights.


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