If a non-restorative party objects to a transfer or change to its custody plan, it must file in court the sworn insurance in which it states its objection within thirty (30) days after receiving notification of the relocation proposal. They must also submit a copy of their objection to the relocation party. The consequences of not complying with these requirements are serious, because if a party does not present objections in time, it is generally prevented from opposing relocation. It may be easier to get around if the other parent has only minimal visits, but that doesn`t mean you can just pick up and leave. You must either agree with the other parent or obtain court authorization with an amended order. Of course, you could take the risk and move without changing the order. But in the long run, this will probably hurt your case. You may be subject to the above penalties, and you may also find that you must ask the court to forgive your actions. People choose to move for many reasons, such as. B a new job, a remarriage or even the desire to live in a different climate. In the United States, we assume that an adult is free to move across the country without the consent of the court or a government agency.
However, if a parent involved in a child custody issue wishes to move with his or her children to another state or even the same state, it may be necessary for the parent to be authorized by the other parent and/or the family court. It is almost always preferable to apply for a conservatory first and hear it before moving. This shows your respect for the trial and for the other parent. But above all, it shows your willingness to act in the best interests of children. If this happens, the other parent could file a contempt claim for violation of the order and ask you to immediately send the children back to North Carolina. As a general rule, a parent who has a permanent provision for exclusive physical custody (also known as “primary physical custody”) can leave with the children unless the other parent can prove that the move would harm the children. But it is not always clear whether a custody decision is permanent or temporary, so the law may be different in your case. Talk to a lawyer to make sure you understand how the law is applied to your specific circumstances. As you can see, the transfer of a parent to a child custody issue is a complex area of child law in Pennsylvania, with significant consequences for non-compliance with the law. These situations are best verified by a qualified family lawyer long before they plan to move with children, and certainly if your move is necessary due to a family emergency, job loss or relocation.