Mother's relocation request offered only minor benefits to child

Even after a divorce is complete, conflicts may arise when one parent wishes to relocate with the children.

2014-03-27

March 27, 2014 (Press-News.org) Even after a divorce is complete, conflicts may arise when one parent wishes to relocate with the children, whether for a new job, to be closer to extended family or for other reasons. Such issues may also arise with regard to children born out of wedlock.

In general, the court will focus on the best interests of the children to make the determination of whether a relocation will be allowed. The Pennsylvania Superior Court case of C.M.K. v. K.E.M. provides an example.

A mother seeks to relocate

The mother and father in this case were never married, but resided together with their child for approximately four years in Grove City. When they split, the couple entered into a consent custody order providing the couple would share legal custody, with the mother having primary physical custody, subject to the periods of partial custody with the father on holidays, alternating weekends, and one evening during the week.

Several years later, the mother proposed relocating with the child to Albion, Pennsylvania, and the father objected. At the relocation hearing, the court denied mother's request. The mother appealed this decision.

Did the move benefit the child?

First, the Pennsylvania Superior Court explained that the mother's proposed move 68 miles away did constitute "relocation," since it threatened to significantly impair the father's ability to exercise his child custody rights.

The child had a very close relationship with the father, and the father had regular and continued involvement in the child's life that went beyond his periods of partial physical custody. This included active involvement in the child's sporting events as well as a desire to coach the child. The father also was involved in meetings with teachers and medical appointments.

The mother's proposed relocation would break the continuity and frequency of the father's involvement. Offering additional custodial time with the father would not compensate for these adverse effects. While the mother might have better job opportunities after the move as well as extended family nearby, the child already had a strong support system in Grove City with the father's relatives.

The advantages to the child of the move were minor at best, and thus the decision to deny the mother's relocation request was affirmed.

Seek advice before taking action

Whether you are attempting to relocate with a child or opposing such a move, it is crucial that you consult with an attorney before taking any action. The request must be made with the child's best interests in mind. Seek an attorney with many years of experience successfully handling complex and emotionally charged family law issues.

Article provided by Berman & Asbel, LLP
Visit us at www.bermanlaw.com/

ELSE PRESS RELEASES FROM THIS DATE:

City may be liable for injuries caused by an open valve box

2014-03-27

If a person is injured by a dangerous condition which exists due to the negligence of another party, that negligent party should be held accountable. This may be true even if the negligent party is a city, as seen in the Alaska Supreme Court case of Kelly v. Municipality of Anchorage. A street crosswalk . . . and an unexpected hole The victim was crossing a street using a crosswalk on a street in Anchorage when she stepped into an uncovered valve box. A valve box generally has a cover and allows municipal employees to access water control valves. The victim tripped ...

Prenuptial agreement equally divided property acquired during marriage

2014-03-27

In Yarbrough v. Yarbrough, the Court of Civil Appeals of Alabama reversed the trial court's marital property division order in a divorce case, holding that, under the plain language of the parties' prenuptial agreement, the trial court should have equally divided all the property interests acquired by the parties during the marriage, even those acquired by a party individually. The terms of the prenuptial agreement The prenup's introductory paragraph contained prefatory language stating that the parties' marriage would not alter their presently existing legal rights ...

Be aware: If one officer knows it, they all do

2014-03-27

The 2014 Colorado decision of Grassi v. People addresses whether knowledge of one officer can be treated as known to another. This is not a question of gossip; instead, it can have serious implications for an accused's Fourth Amendment rights. In Grassi, a man was involved in a single-vehicle car accident in which he was severely injured and his passenger was killed. The police investigation led state police to conclude that alcohol may have been involved, as there was no evidence of any external factors (such as mechanical problems or another vehicle) leading to the ...

With the New Year, Connecticut gun owners hurried to register firearms

2014-03-27

In December of 2012, 20 first-graders and six teachers at an elementary school in Connecticut were killed by a gunman that ran through the school with a semiautomatic rifle. In response to this tragedy, a series of new gun control laws were enacted in the state over the course of this past year. For example, effective immediately after this new legislation was passed, the sale of AR-15's was completely prohibited in the state and the state's list of banned assault weapons increased from 66 different types to more than 100, says the NH Register. However, legal owners ...

A change in time means greater injuries at the workplace

2014-03-27

March is the month where things start to warm up, the birds begin to chirp, and of course, daylight saving time kicks in. This month, you probably were plagued with fatigue after the official "spring forward" in time. Yes, many American's lost an hour. Sure, the extra hour of bright sun in the evening is enjoyable. After all, it beats going to work in the dark and coming home in the dark. However, while an hour may seem trivial, it can have noteworthy effects on the human body. For example, a recent study detailed in the Journal of Applied Psychology suggests that ...

Connecticut bill seeks to eliminate two-hour testing limit for DUIs

2014-03-27

Under Connecticut law, motorists are prohibited from driving while under the influence of alcohol (DUI), which is otherwise known as "operating under the influence" (OUI) in the Constitution State. In most cases, a driver will face possible drunk driving charges in Connecticut if he or she is found to have an "elevated" blood alcohol content (BAC) while behind the wheel - defined under state law as a BAC of 0.08 percent or more. While police will typically conduct testing of a driver's blood, breath or urine in order to determine whether an elevated BAC exists, this ...

Miami Family Law Attorney Joel Brown Certified As Family Court Mediator

2014-03-27

The South Florida law firm Freidin, Dobrinsky, Brown & Rosenblum, P.A., is proud to announce that partner Joel Brown is now a Florida Supreme Court certified family mediator in the state of Florida. He is the former chief judge of Florida's 11th Judicial Circuit and the former administrative judge of the family division. A Florida Bar board certified civil trial lawyer, Brown practices personal injury, medical malpractice and product liability. He also focuses his practice on family law matters, with an emphasis on divorce, multi-state and international jurisdictional ...

Did You Purchase Axona Or Glucorein?

2014-03-27

The FDA has asserted that Axona and Glucorein are falsely advertised as "medical foods" when in fact they should be considered prescription drugs. Both drugs have been misbranded by their makers, deceptively leading consumers to believe that the products are something they are not. In a letter dated December 26, 2013, the FDA warned Accera, Inc. that the labeling of its Axona product was false and misleading. According to Accera, Axona is intended for the "management of the metabolic processes associated with mild to moderate Alzheimer's disease," but according to the ...

Marc Nyarko is Recognized for His Expertise in Operations Management

2014-03-27

Marc Nyarko, Vice President of Customer Services for a major pharmaceutical company, has been recognized for showing dedication, leadership and excellence in operations management. Mr. Nyarko imparts 22 years of experience to his position with the second-largest, publicly traded institutional pharmacy provider in the U.S. His company provides quality services to nursing facilities, long-term care facilities, assisted living facilities, hospitals and other health care institutions. As the VP of Customer Services, Mr. Nyarko is responsible for overseeing daily functions, ...

Hussein Rifai Honored for Accomplishments in Fund Management

2014-03-27

Hussein Rifai, Executive Chairman of Perpetuity Capital, has been recognized for showing dedication, leadership and excellence in finance management. Mr. Rifai has 30 years of professional experience, with three years as the executive chairman of Perpetuity Capital. Over the years, he has become an expert in securing business and investment loans, as well as buying and selling side mandates, raising equity capital, and Sharia-compliant finance. On a daily basis, he is responsible for overseeing the group's three divisions: perpetuity advisory, perpetuity funding, and ...

LAST 30 PRESS RELEASES:

Early adoption of sodium-glucose cotransporter-2 inhibitor in patients hospitalized with heart failure with mildly reduced or preserved ejection fraction

New study finds atrial fibrillation common in newly diagnosed heart failure patients, and makes prognosis significantly worse

Quandela, the CNRS, Université Paris-Saclay and Université Paris Cité join forces to accelerate research and innovation in quantum photonics

Pulmonary vein isolation with optimized linear ablation vs pulmonary vein isolation alone for persistent AF

New study finds prognostic value of coronary calcium scores effective in predicting risk of heart attack and overall mortality in both women and men

Authoritative review makes connections between electron density topology, future of materials modeling and how we understand mechanisms of phenomena in familiar devices at the atomistic level