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Relocation Frustration

Relocation, in the context of a family law matter, is a tough thing.  Relocation can mean  anything from crossing county lines to state lines to international exchanges.  Who can say if a move is going to improve a child's life to the extent that it somehow overrides the relationship that child has with the other parent? The toughest cases of all are those involving two parents with equal shared custody, and the move is going to mean that one parent may be relegated to summer vacations and school breaks. 

Let's revisit this.  What would happen if the "non-moving" parent was able to relocate too?  Would that be the best outcome for the child? Or are there other considerations in addition to the "non-moving" parent that would indicate the child should remain where he/she is and not relocate?  Parents are able to move wherever they want, for whatever reason they want.  The petition for relocation is filed to get permission from the court that your child can move with you.  If your child's other parent agrees with it, then you are good to go.  If not, there must be a hearing before a judge.  In any event, there are several documents which must be completed, filed and served on the other party before you can go.  Failure to do this can mean that if you do move, you may be forced to return and/or have your child live with the other parent.

What would happen if you stayed and didn't relocate?  Would things be much worse for the child or, for you?  Does your permission to relocate outweigh your child's right to thrive where he or she is or face the prospect of having a reduced relationship with their other parent?  Skype and Facetime do help somewhat. The other parent could also spend some vacation time at your new location, or you could spend some vacation time back in your old neighborhood. 

Whatever you do, please do not move without first discussing all of this, in advance, with your family law attorney.  He or she will be knowledgeable about your state's laws regarding relocation.

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Law Offices of Catherine Cardozo, LLC
1147 Easton Rd.
Abington, PA 19001

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