Pennsylvania Divorce Law...

Pennsylvania Law - What If A Spouse Wants To Move Away?

The court has authority to decide whether the custodial parent may move the child out of state, or otherwise out of visiting range of the other parent.

If the parties agree, there is no need for a hearing, though.

The court will make this decision based on what appears best for the child under all the circumstances of the case.

Some of those factors include:

• Potential advantages of proposed move, economic or otherwise.
• Likelihood that move would substantially improve quality of life for custodial parent and children and is not result of whim on part of custodial parent
• Integrity of motives of both custodial and noncustodial parent in either seeking to prevent it
• Availability of realistic substitute visitation arrangement which will adequately foster ongoing relationship between child and noncustodial parent.

Section 5308.

Cases:

Gancas v. Schultz (1996) 683 A.2d 1207 (listing factors to consider).

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