Can You Relocate With Your Children in Pennsylvania?
You are allowed to relocate with your children in Pennsylvania, but you must go through the process of getting the court’s permission (or your former spouse’s) before you do so. One Pennsylvania court case that demonstrated this issue is Collins v. Collins.
Background of the case
The Collins case involved a dispute over child custody and relocation. The mother moved from Pennsylvania to Utah with her three children. The father was not informed of the move until after the fact, and the mother did not have the father’s consent to move the children. Her stated purpose for leaving the state was to pursue a job opportunity and study medical transcription. After the mother moved, the father filed for divorce and sought primary custody. The mother filed for primary custody and sought to relocate with the children. The court awarded joint custody but required the children to remain in Pennsylvania. The mother appealed the decision.
The appellate court was asked to clarify three issues:
- Did the trial court err by denying the mother’s request to relocate with the children, considering the children’s best interest and the Gruber factors for relocation?
- Did the trial court err in awarding the father primary physical custody of the children?
- Did the trial court give proper weight to every factor impacting the children’s best interests, including the mother’s role as the primary caregiver?
Initially, it looked as if the father would win this case. The trial court denied the mother’s relocation request and awarded the father primary physical custody of the children. The court expressed concerns about the parties’ capacity to afford transportation costs for the children and maintain contact with their father if the mother was allowed to relocate.
The appeal and outcome of the case
On appeal, the decision in favor of the father was reversed. The appellate court found that the trial court made significant errors when applying the “best interests of the child” standard and Gruber factors for relocation. Specifically, the Superior Court determined that the trial court failed to give proper weight to the mother’s role as the primary caregiver. Finding in favor of the father was thus a disruption of the children’s status quo. The Superior Court, in this case, reversed the trial court’s decision and granted primary physical custody to the mother, which allowed her to relocate to Utah with her children.
Understanding the significance of Collins
The Collins case highlights the importance of correctly applying the “best interests of the child” standard and the Gruber factors in relocation cases. The case also highlights that the role of primary caregiver should be given significant weight when determining child custody.
Talk to a Philadelphia, P.A., Child Custody Lawyer Today
The Law Offices of Lauren H. Kane represent the interests of parents who are looking to relocate with their children. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
Source:
caselaw.findlaw.com/pa-superior-court/1105106.html#:~:text=Nealon%2C%20III%2C%20Harrisburg%2C%20for,primary%20custody%20of%20the%20children.
