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October 7, 1976 (P.L.1090, No.218), known as the Protection From Abuse Act." The court is more likely to maintain the status quo custody situation, if the situation is working for the child, then to change custody. A custody order is always reviewable and modifiable upon a change of circumstances. A parent must obtain a relocation order from the court before moving the child from the state or in any other case where the relocation would diminish or thwart the rights of the non-custodial parent to visitation and partial custody. The hearing on the request to move is called a "Plowman" hearing. There are cases where the relocation is denied. The custodial parent will always be allowed to move but will not always be allowed to take the child. As always, the parent seeking to move must prove that the move will be in the best interest of the child. The parents seeking to move must also prove that the move would substantially improve his or her quality of life and that the move is not being made on a whim or to thwart an ongoing relationship between the child and the non-custodial parent. Finally, the court must consider the availability of realistic, substitute visitation and partial custodial arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent If you have any custody questions, of any nature whatsoever, it is important that you seek consultation with an attorney. |
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John Wendell Beavers & Associates, P.C., a Pennsylvania Professional Corporation |
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John Wendell Beavers, Esq. John Wendell Beavers & Associates, P.C. (a professional corporation) 1518 Walnut Street, Suite 800 Philadelphia, PA 19102 Phone: 1-215-732-0600 Office Email: trial.lawyer@verizon.net Home Email: jwbesq@comcast.net |