Relocation: One parent is left behind when children move

A "relocation" case is when a parent with primary physical custody of the children decides he or she wants to move to a new home or town, and that move will significantly challenge the non-custodial parent's ability to maintain a meaningful relationship with the children.
To obtain court permission to relocate, the relocating parent must show that the move will benefit the children, not simply the parent, and that the benefit would outweigh any harm caused by the disruption to the relationship between the children and the parent who stays behind.
Not every move is a relocation. A new residence may involve questions of what is best for the children but may not rise to the level of a relocation case.
In-state or even in-county moves that can trigger "relocation" issues include a change in school districts (especially if the non-moving parent remains in the same school district); a move within the same school district resulting in an involuntary change of schools for a child, or simply a move that creates longer drive times between residences that make weekday or dinner visits or involvement in a child's school or sporting activities impractical.
Obvious relocation issues arise when a parent decides to move a significant distance and the only visitation periods left available to the non-relocating parent are summer vacations or week-long school holidays.
A parent who wishes to move has a tremendous burden to demonstrate that a relocation is in the children's best interest. A better job opportunity in another city is not necessarily a valid reason for a parent to relocate -- a bigger paycheck alone is not a compelling reason to tear apart a solid, stable and longstanding relationship with the other parent.
Nor is a new romance with someone who lives in another city enough to allow a move. In the age of internet dating, this has become a common motive. But it is the children's happiness, and not the parent's desires, that are paramount. Moreover, a court will consider whether the relocating parent's new romantic partner will be relied upon to financially support the custodial parent and children, and whether the new romantic partner has any legal obligation to do so.
However, a parent who can demonstrate that the relationship left behind was not all that valuable to begin with, or that a new life in a new city will greatly improve the quality of the children's lives, has a worthwhile reason to try and relocate. Obviously, a parent who wishes to move due to an emotional whim or to spite the other parent has a much tougher road ahead.
Sadly, some non-custodial parents will fight a relocation simply to thwart the ex's pursuit of happiness, even if it is clear the change will benefit the children.
At the same time, a relocating parent must appreciate they will have to bend over backwards to offer every possible opportunity for the other parent to preserve a parent-child relationship.
These concessions could mean surrendering custody for entire summers and every important holiday to the non-relocating parent. It could include lesser sacrifices as well, such as agreeing to take responsibility for transportation at visitations, either by driving both ways or paying for airline tickets.
Pennsylvania's updated child custody law creates a new barrier to a parent who wants to move. There are specific procedures in place, which reinforces the need of a competent child custody lawyer for either parent to protect their rights and their children's rights.
The new procedure includes a formal notice (served at least 60 days in advance) and an opportunity for the other parent to file objections with the court (within 30 days of receiving notice). Parents who fail to follow the new procedure may not simply lose their case, they may face sanctions from the court.
The notice requirements for relocation also apply to non-parents with custodial or visitation rights, such as grandparents or other third parties who believe a move will impair their relationship with the children.
Updated: Pennsylvania's Superior Court recently overturned a county court judge's decision to allow a relocation when the relocating parent failed to strictly follow the new law's provisions regarding prior notice to the other parent. The case is E.D. v. M.P., 2011 PA Super 238 (Nov. 9, 2011).