IS YOUR EX’S NEW FIANCE’S INCOME A DECIDING FACTOR IN A RELOCATION CASE?

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IS YOUR EX’S NEW FIANCE’S INCOME A DECIDING FACTOR IN A RELOCATION CASE?

There are several factors a court must consider in deciding whether to permit a party to relocate with the child. A recent non-precedential Superior Court case, Manning v. Eledge, J-A01049-22, an appeal from The Court of Common Pleas of Perry County, considered whether the calculation of a Mother’s fiancé’s income resulted in an error by the trial court in granting Mother’s petition to relocate.

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What Can I Do If My Child's Mother/Father Talks About Me To My Child?

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What Can I Do If My Child's Mother/Father Talks About Me To My Child?

Disparagement. This is something that unfortunately takes place in many custody cases. Talking poorly about your child's other parent in front of them or to them can be harmful to the child and detrimental to their relationship with that other parent.  It can also lead to parental alienation and the court does not take it lightly. If you are on the other side it can frustrating, depressing, and infuriating.  Read on for things you can do to deal with this.

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Will the courts keep siblings together?

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In determining which parent will get custody, will the courts give greater weight to keeping siblings together?  What about half-siblings?

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The main focus of the court is to determine the best interest of the child.  Whether the best of interest of the child is to be with their siblings primarily is to be determined.  In all cases, the courts use the 16 factors to determine what is in the best interest of the child or children.  The courts understand that the relationship a child shares with their siblings is an important one that can play a large role in their development.  As such, one of the factors the courts consider is which party is likely to keep siblings together.  The courts will also consider the requests of the child, depending on their age and reasoning.  This is includes if the child is requesting to live apart from their siblings.  

In Philadelphia, the courts have looked at a compelling reason standard.  This means that the courts will usually look toward keeping the child with their siblings unless there is a compelling reason not to do so.  However, if there is a substantial custody arrangement that can still satisfy the goal of significant relationship between the children, the courts will allow the separation of the siblings. These principals can also be applied to half siblings.