Kalinoski Law Offices P.C.
A Criminal Defense, Family Law and Injury Law Firm in Scranton
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Can you keep your ex from moving away with your kids?

Like most parents in Scranton, you no doubt have the desire to develop and maintain a strong relationship with your children. That desire can be put to the test after a divorce. If your ex-spouse is awarded physical custody of your children and then attempts to relocate, your relationship with your children could become strained even further. If you are currently facing this scenario, state law does allow you the chance to keep your ex from moving.

The Pennsylvania state statutes governing child custody clearly state that your ex must have the approval of the court to relocate, and he or she must give you notice of the intent to move. If and when you receive such notice, you have 30 days to attempt to block the move. If you do not respond within that 30-day window, your consent to his or her relocation is assumed. You cannot challenge the move after that.

If, on the other hand, you do choose to attempt to block the move, you must file a counter-affidavit with the court stating your objection. This ensures you a hearing where you’ll be able to present your case for keeping your children close to you. Depending upon the results of this hearing, the court may issue a temporary or permanent order forbidding your ex-spouse from moving.

However, if the court does rule in favor of your ex, he or she must still seek a modification of your child custody agreement. To change the agreement, he or she must demonstrate a willingness to ensure that your children maintain the same level of relationship with you even after the move. This will likely include having to plan and pay for travel expenses for you and the children to see each other on a routine basis. 

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Kalinoski Law Offices P.C.
108 North Washington Ave, Suite 604
Scranton, PA 18503

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