Moving Out of State with a Child and No Custody Agreement in Pennsylvania: What You Need to Know
Moving out of state with a child can be a complicated and stressful process, especially if there is no custody agreement in place. In Pennsylvania, parents who plan to relocate with their child must follow certain legal procedures to avoid complications and legal problems. Here`s what you need to know if you`re moving out of state with a child and no custody agreement in Pennsylvania:
1. Notify the other parent in writing
If there is no custody agreement in place, Pennsylvania law requires the parent who plans to move to notify the other parent in writing at least 60 days before the proposed relocation. The notice must include the following information:
– The proposed relocation date
– The location of the new residence and the reason for the move
– A proposed revised custody schedule
– A statement indicating whether the move will interfere with the other parent`s custody rights
It`s important to keep a copy of the notice, as it may be needed in court if the other parent contests the relocation.
2. Obtain written consent or a court order
If the other parent agrees to the relocation, they must sign a written agreement that outlines the revised custody schedule and other relevant details. This agreement should be filed with the court. If the other parent does not agree to the relocation, the parent who plans to move must file a petition with the court and get a court order allowing the move.
3. Consider the child`s best interests
In Pennsylvania, the court will always consider the best interests of the child when deciding custody and relocation issues. If there is no custody agreement in place, the court will consider various factors such as the child`s relationship with each parent, the child`s age, the distance of the move, and the child`s education and social needs.
4. Hire an experienced family law attorney
If you`re moving out of state with a child and no custody agreement in Pennsylvania, it`s essential to hire an experienced family law attorney. An attorney can help you navigate the legal procedures, negotiate with the other parent, and protect your rights and the best interests of your child. They can also represent you in court if necessary and help you obtain a fair custody and visitation agreement.
Moving out of state with a child and no custody agreement can be challenging, but with the right legal guidance and preparation, you can ensure a smooth transition for you and your child. Keep in mind that communication, cooperation, and a focus on your child`s best interests are key to a successful relocation.