Michael E. Bertin of Obermayer Rebmann Maxwell & Hippel. Courtesy photo Order Awarding Custody of Child in Germany Examined by Superior Court
Relocation cases are even more difficult and taxing on everybody involved. An interesting wrinkle involves a situation where the parents already live a significant distance apart and one parent seeks to move the child from where the child resides with the other parent to that parent's residence.
October 16, 2023 at 11:44 AM
9 minute read
Child custody cases are some of the harder cases that practitioners face in the area of family law. Relocation cases are even more difficult and taxing on everybody involved. A relocation case involves a parent of a child or children desiring to move a distance away from the non-relocating parent. The Pennsylvania Child Custody Act has a specific section that addresses relocation cases. An interesting wrinkle involves a situation where the parents already live a significant distance apart and one parent seeks to move the child from where the child resides with the other parent to that parent's residence. This technically is not a "relocation." In 2014, in a case called D.K. v. S.P.K., 102 A.3d 467 (Pa. Super. 2014), the Pennsylvania Superior Court clarified that the requirements in the Child Custody Act surrounding relocation (such as notices and burdens, etc.) are not applicable when only the child would be moving.
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