When Is Parental Relocation in a Child's Best Interest?

Moving your children out of state following a divorce or separation is a big decision, one that can have a significant impact on their upbringing and their relationships. It is critical that the decision is made with the children's best interests in mind, and that it does not undermine the custody or visitation rights of the other parent. We encourage you to consult with a member of our team to ensure you understand the legal requirements that must be met before you and your child move away.

We Are Here to Help You Get the Results You Need

With 80 years of combined experience handling relocations, you will find the honest advice you need when you meet with an attorney from Berman & Asbel, LLP. Our Media-based law firm assists parents with primary physical custody in negotiating agreements or seeking court approval for relocation with their child out of state.

In some cases, it may be possible to negotiate an agreement with the other parent by addressing modifications to the visitation schedule. However, if an agreement is not possible, we can promptly file a petition to relocate with the family court.

Our firm offers initial consultations so you can learn more about our services and how we can help achieve your goals. Please call us today at 484-842-0276 or contact us online.

Requirements for Approval

To obtain approval for a move out of state, an attorney from Berman & Asbel, LLP, must convince the court that the relocation is in the child's best interests:

  • Will the move substantially improve the quality of life of the custodial parent and child? Relocation must serve the best interests of the child. For example, relocating for a new job or a job with better pay may provide the child with additional opportunities, better schooling or other benefits that would improve his or her quality of life.
  • What are the motivations for the move out of state? A parent may have many different reasons for moving — an employment opportunity, to be closer to other family members or other motivations. It is critical that the move not be initiated simply to spite the other parent and the other parent's rights to visitation.
  • How will the relationship between the child and the noncustodial parent be impacted? It is usually in the child's best interests to have an ongoing, civil working relationship with the noncustodial parent, especially when parents are living in different states. While the traditional or existing parenting schedule may not be feasible after the move, the court may look at alternative schedules such as extended time during holidays, vacations or summer break.

If approval is not obtained prior to moving with the child, and the other parent objects, you may be required to bring your child back into the state until an agreement is reached or the court renders a decision. It is important to realize that moving before approval is received could be in violation of an existing custody order, which could be held against you as the court renders its decision.

Contact Us Today for an Initial Consultation With a Lawyer

Our attorneys are available to listen and guide you through the legal processes as efficiently as possible. Contact us online today or call 484-842-0276 for immediate, honest advice on how you should proceed.