International Relocation and Custody Rights: How the Pennsylvania Courts Handle Petitions for Relocating with a Minor Child

Child custody cases become more complex when one parent wants to relocate with the child. The court weighs the reasons for the move against the importance of maintaining the relationship with the other parent. International relocation makes cases even more complex. In this article, the Philadelphia, PA, child custody lawyers at the Law Office of Lauren H. Kane will discuss a real case in which one parent wanted to move a minor child to another country.

Background of the case

In the aforementioned case, the couple had two minor children. The mother had primary physical custody. She then began a new relationship with someone in the Netherlands. She thus petitioned the court to move abroad with her children. The father, however, opposed the move. He argued that it would severely impair his ability to have a relationship with his kids. International travel would be required for visitation.

After considering both sides, the court granted the mother’s petition to move with the children to the Netherlands.

The appeal 

Dissatisfied with the decision of the trial court, the father appealed to the Pennsylvania Superior Court with the aim of contesting the relocation on the basis that it wasn’t in the best interests of the children.

The court had to address whether or not the move would impair the relationship between father and child, whether or not regular contact was feasible, and the overall stability of the children.

The Superior Court found that the trial court had not analyzed the effect of relocation on the children’s ability to maintain a relationship with their father. Since it would disrupt their relationship, it was not in the children’s best interests.

For that reason, the Superior Court overturned the trial court’s decision. It was decided that the mother would retain custody of the children, but could not relocate to the Netherlands since it would cut the father off from his children.

Key takeaways from the case

This case highlights some important concepts in Pennsylvania family law. Relocating with your children away from the other parent is a huge decision that requires careful scrutiny of the impact it will have on the children. The court considers the best interests of the children when authorizing a move. In this case, the father would have been completely cut off from his children, so the appeals court blocked the move and forced the mother to stay in Pennsylvania, where the father would have access to his children. 

Talk to a Philadelphia, PA, Divorce Lawyer Today 

The Law Office of Lauren H. Kane represents the interests of Philadelphia residents who are looking to relocate with minor children. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin preparing your arguments right away.

Source:

caselaw.findlaw.com/pa-superior-court/1041119.html