Helping You Find Solutions That Meet Your Family's Needs CALL FOR A CONSULTATION

It Is in the Best Interest of Young Children to Have Their Parents Living Within Commuting Distance of Each Other

May 18, 2020

If your ex-spouse was very controlling or negative, the relief you feel at no longer living with him or her can last for years. Maybe your ex complained every time you let your children eat ice cream or bought clothes for them at retail price. Maybe your ex called you unsophisticated if you wanted to take your kids out for a pizza dinner or a theme park vacation or called you a snob if you chose to take them out for a sushi dinner or a historical sightseeing tour. When your divorce is final, your ex can’t micromanage your day-to-day parenting decisions about your children. Both parents have a right to spend time with the kids, and each parent gets to run his or her household as he or she chooses, without a veto vote from the ex-spouse. Moving out of state, however, is a big enough decision that it affects both parents, to say nothing of how much it affects the children. If one parent wants to move out of state, the parents will have to decide on new terms of their co-parenting arrangement, and the court can even stop one parent from moving if the move will be detrimental to the children. The family law attorneys at Iwanyshyn & Associates can help you navigate issues related to co-parenting and relocation.

When One Parent Wants to Move Out of Pennsylvania

If you are divorced, and if you and your ex-spouse have a Pennsylvania parenting plan for your minor children, and you decide to move to another state, you must notify your ex in writing at least 60 days before your anticipated move. The written notice must include the new address, the reason for the move, and a proposal for a new time-sharing schedule, including details about transporting the children from one parent’s house to the other. The parent who is staying in Pennsylvania has 30 days to file an objection to the move or any of the details of the new parenting plan.

If You Are Co-Parenting Preschool-Aged Children, It May Be Best to Postpone Your Move

Although the court might make you change some details of your parenting plan, it usually does not stop with moving; you are probably moving because of a better-paying job, to be closer to your parents, or some other reason in which it is not the court’s place to interfere. It is the court’ responsibility to rule in the children’s best interest, and it is in the interest of very young children to have both parents living in the same state, where one parent can easily drive them to the other parent’s house. School-aged children can travel by plane without their parents, but younger kids cannot. It is easier for young children to bond with both parents if they see them frequently; toddlers will need to get to know you all over again if it has been weeks or months since they last saw you. Some parenting plans for infants have the baby spend of most of his time with Mom, but with Dad visiting him for three hours almost every evening. It’s impossible to maintain that kind of relationship if you live out of state.

Iwanyshyn & Associates Helps You Resolve Conflicts About Relocation

Whether it is acceptable for you to move out of state depends on your family’s individual situation. Contact Iwanyshyn & Associates in Pittsburgh for help dealing with post-divorce relocation issues.