Children and Divorce – Moving Out of State
Child Custody when Relocating
We live in a highly mobile day and age. It truly is not uncommon for people to move from one state to another a number of times during the course of their adult lives. Obviously, when a parent moves, the lives of children are impacted.
The fact that a couple is divorced does not usually impede the desire of one former spouse to migrate to another state, should the need or reason to do as arise. With this in mind, there are a number of issues that a divorcing or divorced person must understand when it comes to children and divorce and relocating to another state.
Children and Divorce: Legal Implications of Moving with a Minor Child.
Technically speaking, when a child is moved out of state by a parent, the court loses what legally is known as personal jurisdiction over that minor. The loss of this type of jurisdiction limits the ability of a court to make certain types of decisions regarding the minor child.
Mutual Agreement to Move Out of State
The easiest way to arrange to move out of state with a minor child is when the parents reach a mutual agreement between themselves. The fact is that Pennsylvania family law courts prefer for divorcing and divorced spouses to make their own decisions regarding their children – within certain parameters.
Because the parties to an agreed resolution regarding divorce and children and moving our state will be making changes to an existing custody order or divorce decree, the typically will still need to obtain approval of the judge for the proposed relocation.
Even when the parents agree to the move out of state, the court examines the proposal to determine if it is in fact in the best interests of the minor child.
Retain a Skilled Pennsylvania Family Law Lawyer
Addressing a proposal to move a child out of state in the aftermath of a divorce can be a challenging legal process. For this reason, retaining the services of an experienced, skilled Pennsylvania family law lawyer is crucial. A lawyer will schedule an initial consultation at no cost and no obligation to a prospective client.