When a custodial parent wants to relocate with the child outside the jurisdiction and the non-custodial parent does not consent, there must first be an evidentiary hearing, at which the court will apply a three-prong test to determine whether relocation of the children can occur.

The test covers:

• the potential advantages of the move and the likelihood that the move will substantially improve the quality of life for the custodial parent and the child, and is not the result of a momentary whim on the part of the custodial parent;
• the integrity of the motives of both the custodial parent and the noncustodial parent in either seeking the move or opposing the move; and
• the availability of alternative, realistic, substitute visitation or partial custody for the non-custodial parent.

To speak with an experienced child custody lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.