When a Divorced Parent Wants to Move Away

If you are bound to a child custody plan in Montgomery County, moving with your children out of state against the wishes of their other parent can be a complex process. At the Norristown Law Offices of Lawrence Pauker, we can help you understand your options and come up with a solution that works for your family.

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What many people do not realize is that you cannot just pick up, take your children, and leave the jurisdiction. In order to make a significant move, you should file for relocation with the court.

When making a decision, the court wants to know how the consequences of relocating will impact the ability of both parties to be a parent. If one party moves to California with the children, for example, the other parent will be left with a difficult custodial relationship. The courts are learning to shared time, which is much easier if each parent lives in the same school district.

It is also important to note that child custody will have a major impact on child support. If you have the child at least 40 percent of nights, you are entitled to support deviation. Moving out of state will have an impact on your support plan as well, and you want to make sure you plan accordingly for the changes ahead so that there are no surprises.

Parental Relocation and Contempt

If you are interested in filing for contempt, you should also consider the possibility of filing for a modification. Contempt can be filed when there has been a violation of a court order. While you can file for contempt if your former spouse moves away with your children against a court order, it may not be your best option. You may be better off to file for a modification or for primary custody, so your child will be returned. In the end, we will work together to make the decision that is best for your children.

Whether You or Your Ex Is Moving, Contact Us Now

As this is an area of law that is constantly changing, you want a lawyer who understands family law. Attorney Pauker has been representing Montgomery County families over 40 years. With three Pennsylvania offices, we are available evenings and weekends, in addition to our weekly business hours. Contact us today for a initial consultation.