Pittsburgh Divorce Attorney Addresses Custody Cases Involving Parental Relocation

Partner Todd M. Begg provided insight into the impact of parental relocation in custody cases in his article for the Summer 2024 issue of Family Advocate, the American Bar Association’s quarterly news-and-feature magazine addressing current family law topics. The full text of the article is included below with permission from the ABA.

Considerations When One Co-Parent Wishes to Relocate
BY TODD M. BEGG

In a society that has become increasingly mobile, relocating due to personal, employment, or other reasons is commonplace. However, when attempting to relocate while in a divorce or separation period and having children, relocations can become a difficult challenge.

Contemplating relocation while involved in a custody dispute requires a great deal of thought, planning, and consultation with counsel. The majority of states have specific parameters to determine whether a move is considered a relocation for legal purposes.

Generally, if a relocation significantly alters or reduces the custodial parent’s time with the child, the court will consider the move a relocation. When considering a relocation, some of the factors that courts may take into consideration are the age, developmental stage, and needs of the children and the likely impact the children’s change of residence would have on the children’s physical, educational, and emotional development and timely payment of child support obligations. Other considerations may be the feasibility of preserving the relationship between the non-relocating parent with the children. The court may also look into whether the move and change in residence would enhance the general quality of life for the children. Additionally, the court will place heavy emphasis on the reality of being able to structure a custody order that would allow the non-relocating parent to maintain an ongoing and meaningful relationship with the
children. Each state will have different standards and tests, but the above factors provide a foundation for those considering relocation.

The courts may also consider the motives of both parties, including why the relocating parent desires to relocate and why the non-relocating parent is contesting the relocation. New job opportunities that result in substantial increase in income or chance for advancement can be a legitimate basis for relocation. Moving closer to a support system, including family, community, or friends, can also be considered a reasonable basis for relocation. As in all aspects of a relocation case, there is not one factor or formula that can predict a successful relocation request. It is the entirety of circumstances that must be considered.

In any custody dispute, the majority of courts focus their analysis on what is the overall best interest of a child. With that being the court’s goal, maintaining frequent and meaningful contact between the child and both parents is an essential component of any custody case. Relocation is no different. Therefore, the parent seeking relocation must be creative and generous when structuring a custody proposal for the non-relocating parent.

You must be aware that most states have strict notice requirements for the relocating parent. Of course, if both parents consent to the relocation, the court will not interfere in that decision. However, if the non-relocating parent objects to the relocation, the court will become involved, and there ultimately may be an evidentiary hearing to determine the outcome.

The reality is that relocation in a custody case not only impacts the physical custody of the non-relocating parent, but also the ability of the non-relocating parent to be involved in the child’s day-to-day education, medical care, and other important activities and events. When a parent is granted the right to relocate, that parent will have more access and availability to make the day-to-day decisions for the child. The non-relocating parent is essentially limited to
relying on technology and infrequent visits to schools, doctors, and activities to gather information about the child. It will be incumbent on the relocating party to assure that the non-relocating party receives any and all important information concerning the child in a timely fashion. The relocating parent should be prepared to do so and to provide in advance a plan to accomplish this important task.

The proposed relocating parent should formulate a custody plan that would grant the non-relocating parent as much custody time as feasible. Frequently in relocation cases involving school-age children, the non-relocating parent is awarded the majority of the summer school vacation as well as significant holiday time during the school year. The relocating parent should be aware of this fact prior to making the commitment to relocate and realize that a majority of non-school time will be spent in the care of the non-relocating parent. With this realization, you should be practical and generous in your proposed custody plan. Be prepared to propose that the non-relocating parent receive custody the majority of the summer and school holidays.

The relocating parent must also create a plan with regard to communication between the non-relocating parent and the child. Establishing a schedule for virtual communication on a regular and meaningful basis is critical for the parent seeking relocation. Keep in mind the courts will not find that virtual communication is a substitute for personal contact with the minor child, but having a plan with regard to frequent virtual communication is an important portion of the relocating parent’s plan.

Realize that before you start the relocation process you must be very familiar with the specifics of the proposed move. Know the area where you will be residing, and know the school district and specific school that the children will be attending. If the child is not school age, know the specifics of child care. You cannot expect success with only general knowledge of the geographic location to which you wish to move.

Perhaps the biggest wildcard in the process is the judge assigned to the case. It is extremely important to understand the assigned judge’s views and their past rulings. The judges are in the same position as the parties; the law provides rules, guides, and parameters but also allows the court wide discretion in each case. The best and most direct way to find out this information is to ask the attorney handling your case.

The non-relocating parent has a much simpler path than the relocating parent. Look towards the status-quo custody arrangement. Point out all of the friends, activities, and attachment to a particular school that the child will lose if uprooted and moved to a different geographic location. Point out that you as the non-relocating parent will lose the possibility of frequent contact with the child even when they are not in your custody. You will no longer be able to attend
scheduled games, performances, or doctors’ appointments that are scheduled on your non-custody day. Be prepared to demonstrate that you could take over primary care of the children, so they could remain in their school and activities without disruption, while the other parent moves on to their new location. Conversely, be realistic if you have been uninvolved or inconsistent spending time with your children.

Another factor you may want to consider is the cost-ofliving information regarding the proposed new location. A job paying slightly more is not an advantage to the children if the relocating parent will have to be spending more of that higher income on food and shelter. Keep the focus on “what’s in it for the kids.” Additionally, a claim that the mother would be happier living closer to a new boyfriend, for instance, may not have any apparent benefit to the kids.

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Todd M. Begg is a partner at Pollock Begg with a practice focused on equitable distribution and custody litigation. Begg uses his background in psychology and sociology to handled complex, high-conflict divorce cases for more than three decades.

Originally published in Family Advocate, Volume 47, Number 1, Summer 2024. A.B.A. Family Law Section. © 2024 Todd M. Begg. Reproduced with permission. All rights reserved.