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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 A recent non-precedential Superior Court case, Manning v. Eledge, J-A01049-22, an appeal from The Court of Common Pleas of Perry County, considered whether the calculation of a Mother’s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.
Read MoreIn a relocation case, the party wishing to relocate has the burden of proving that the relocation is in the best interest of the child. In addition, “each party has the burden of establishing the integrity of that party’s motives in either seeking the relocation or seeking to prevent the relocation.” In Song v. Valederamma, the court provides its rationale for granting Mother’s relocation from Pennsylvania to Florida.
Read MoreA parent who wants to relocate shall notify each person who has custody rights to the child by certified mail, return receipt requested. No relocation is to occur without the consent of all parties or unless a court approves it. Section 5337(c) requires that the notice contain the following:
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