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What if you want to move away with the kids?

On Behalf of | Jun 10, 2019 | Child Custody

There may be any number of reasons why you might want to move away from Cranberry Township following your divorce. You may find it too difficult to stay in the same area where you made your married life with your spouse. You could also find employment opportunities in other markets that are too good for you to pass up. Whatever your reason, one thing to keep in mind when preparing for a move is to how you can reconcile your relocation with your current custody agreement

If and when you choose to relocate, Section 23-5337 of Pennsylvania’s Consolidated Statutes says that you must provide your ex-spouse (and any others who may be party to your custody agreement) with notice at least 60 days prior to your move. What if, however, you do not have that much time? In cases where your relocation is work-driven, you may be asked to move sooner than you anticipated. If that proves to be the case, the law may allow you to bypass the 60-day notification period provided you send out notice within 10 days of learning that you need to move. 

Once your ex-spouse has received your notice, they can either consent to your move or protest it. If they protest, the court will hold a hearing to look into your proposed relocation and modify your custody agreement to accommodate it. Its ruling may or may not be favorable to you. You can, however, take control of the situation by working with your ex-spouse to come up with a revised schedule on your own. You both may then present it to the court, with you showing that you provided sufficient notice of your intended move and your ex-spouse stating that they have no objections in light of your revised agreement. 

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