Primary Physical Custody And Moving

State:
Multi-State
Control #:
US-PMPH-16
Format:
Word; 
Rich Text
Instant download

Description

The document provides a clear overview of primary physical custody, which refers to the custody arrangement where a child lives predominantly with one parent post-separation or divorce. It outlines key concepts such as physical custody, the roles of custodial and non-custodial parents, and the legal frameworks that govern custody arrangements. It emphasizes the responsibilities of the custodial parent, including providing basic necessities and making day-to-day decisions regarding the child's welfare. The document also describes how courts determine custody based on the best interests of the child, considering various factors such as the child's preferences, the parents' mental health, and the stability of each parent's home environment. It highlights the importance of joint custody, where both parents share responsibilities, and describes how visitation rights for the non-custodial parent can be established. For legal professionals such as attorneys, partners, owners, associates, paralegals, and legal assistants, this document serves as a resource to understand custody issues, facilitate informed discussions, and guide clients through custody proceedings and related legal forms. The clarity of language and structure aids users with varying levels of legal expertise in navigating custody matters effectively.
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FAQ

If the move is believed to harm the relationship between the child and the non-moving parent, the moving parent will need to seek a move-away order from the court. While there is no set distance standard, the courts typically use a 50-mile guideline for what may require a change to the custody agreement.

The 100-mile rule requires you to get the judge's permission to move your child's residence more than 100 miles from where the child lived at the time your family court case was filed. Your family court case is the case in which the custody order was issued.

Parents with joint custody can take the child out of state without consent so long as their custody order doesn't forbid it. But they must not get in the way of one another's relationship with the child. For example, if they take the child on a trip, they must be back in time for the other parent's visitation.

This is why the relocation statute, Pennsylvania statute 23 Pa. C.S. §5337, requires that the moving parent either a) obtain the consent of the non-moving parent or b) receive court approval before moving with a minor child.

Pennsylvania courts determine custody based on what is in the child's best interest. In Pennsylvania, no parent can relocate to another area unless either every person with custodial rights consents to the proposed relocation, or a judge approves the relocation.

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Primary Physical Custody And Moving