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I Want to Move with My Children but My Ex Won’t Let Me. What Can I Do?

August 29, 2013 | Category: Blog | Tags:

Ask an Attorney: Matrimonial & Family Law

Question: I want to move with my children but my ex-spouse won’t let me.  What can I do?

Answer: It depends on whether it really is a “move” or if it is considered a “relocation”.  Pennsylvania law states that a custodial parent cannot relocate without either the other parent’s written consent, or a court order.  The problem is, there is no fixed standard for what constitutes a relocation.  It depends on a lot of different factors.

Generally, if the move is going to materially impact the other parent’s custodial rights, making it more difficult to spend time with the children; it’s going to be seen as a relocation.  Moves out of state and out of county that increase the distance and travel time between parents, are more likely to be interpreted as relocations.  If you’re not sure, consult an attorney.  Courts take a dim view of parents who relocate first and then ask for court permission after the fact.

Allen I. Tullar, Chair of the Matrimonial and Family Law Group, regularly counsels individuals in divorce, custody and child support matters.

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