August 3, 2012

When a parent wants to relocate with shared custody

What is the Child Custody Act and how is custody determined?

Section 5337 of the recently enacted Child Custody Act, 23 Pa.C.S. § 5321 et seq., alters the legal standards that a trial court must consider when ruling on a request to relocate with shared custody.

Under prior practice, trial courts considered relocation requests based upon the three-factor test set forth in Gruber v. Gruber, 583 A.2d 434 (Pa.Super. 1990). Under the new act, trial courts must consider the 10 factors listed in subsection 5337(h).

While the Gruber test required consideration generally of the “potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children,” subsection 5337(h) sets forth a number of specific factors intended to isolate and focus this important inquiry. E.D. v. M.P., 33 A.3d 73 (Pa.Super. 2011).

If you are trying to relocate with shared custody, you must consult with a family lawyer who can guide you through the process. Leaving with your child before this process occurs can result in serious consequences. Conversely, if you are fighting a parent that wishes to relocate with shared custody, you need an attorney who can thoroughly handle your case and understands the full scope of the current laws on this subject. Call our office today to schedule your appointment, at (215) 942-2100.