In R.W. v. C.C., 2015 Pa. Super. Unpub. LEXIS 1897 (2015), Superior Court issued an unpublished opinion, upholding a decision by the Delaware County Court of Common Pleas, which denied the mother’s request to relocate the child to Florida, and afforded the parties joint legal and joint physical custody, compelling mother to move the child back to Florida within 60 days. The mother was served with a custody complaint, filed by father, and then moved with the child to Florida, without attempting to comply with the relocation statute. Of note, mother had little support system in Florida, other than her fiance. On appeal, the Court was unpersuaded by mother’s argument that the trial judge had not addressed all of the factors required by the custody and relocation statutes, or had shown bias towards the mother.
It is always recommended to have an attorney in custody cases, especially when one party desires to relocate. Because the appellate courts often defer to the trial courts, it is critical that an attorney be with you through every stage of the litigation process.