Custody Relocation Cases in Pennsylvania
In this fast-paced world, parents often seek to move out of the county, state, or country where they have previously resided with a minor child. Pennsylvania parents who wish to move out of state with their children are required to a formal notice of their proposed moved to the non-relocating parent with at least thirty days notice. If the non-relocating parent objects to the move, court intervention is required prior to moving the children. In Pennsylvania, a court hearing on whether the parent is permitted to move the minor children is called a "relocation" hearing or a "Gruber hearing", after the seminal case dealing with this issue. Whether or not a parent is permitted to relocate with the minor child or minor children depends on a number of factors including the extent of the relationship between the children and each parent prior to the request to relocate, the reasons behind the move, the reasons why the non-relocating parent wishes to prevent the move, whether the move would improve the quality of life for the children, and whether a realistic schedule for the other parent could be formulated if the relocation is granted. If an emergency exists requiring an immediate decision on a temporary basis regarding the relocation, a Plowman hearing may be scheduled for the entry of a temporary order pending the final Gruber hearing.
Modification and Enforcement of Pennsylvania Custody Orders
Once a Pennsylvania custody order has been entered, the family courts expect that both parents will comply with the terms of the Pennsylvania custody order. If a parent does not comply with the Pennsylvania order, a contempt action can be initiated against them. If a parent is found to be in contempt for failing to comply with the custody order, the other parent can be awarded make-up time for the missed visits as well as other sanctions which could include payment of the other parent's attorney fees. The Uniform Child Custody Jurisdiction and Enforcement Act (also known as the "UCCJEA") not only sets forth the law regarding which court has jurisdiction to hear custody cases, but also sets forth methods to enforce custody orders in other counties, states and countries. Because of the potential for having sanctions imposed for violating a PA custody order, it is best to request a modification of the Pennsylvania custody order if it is believed that a change in the order is in the children's best interests. A request to modify a Pennsylvania custody order must be made to the family court that entered the most recent custody order even if the children no longer reside in that county. If the children have moved, the UCCJEA provides that the family court that entered the most recent custody order must decide whether it will transfer jurisdiction to the county court where the children are currently residing.
Contact Our Pittsburgh Custody Attorneys Today
To learn more about our Pennsylvania family law firm, and to speak with one of our experienced Pittsburgh custody lawyers, call us today at 412-281-9906, toll-free at 855-PA-FAMILY (855-723-2645), or send us an e-mail. Our Pittsburgh law office is open Monday through Friday from 8:00 a.m. - 5 p.m. and evenings by appointment.
Appointments are also available in Cranberry Township, Robinson Township, Mt. Lebanon (near South Hills Village Mall) and Pleasant Hills (near Century III Mall). Ask the secretary scheduling your appointment for details including appointment locations.
Our PA family law office routinely accepts custody relocation, modification and contempt cases in Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. To learn more about the local county procedures in Allegheny, Beaver, Butler, Washington and Westmoreland Counties, click here. We accept cases in other Western PA counties such as Armstrong County, Erie County, Fayette County, Greene County, Lawrence County, Mercer County, Somerset County and Venango County on a case-by-case situation.
