We served a relocation/modification 80 days prior to a June 8th move date. An objection was filed by other party immediately after. Hearing was set for July 8th! July 8th the court set a tentative date of August 22nd because non-moving party's attorney stated that we moved prior to the court's hearing. We are in Pennsylvania. Why wasn't the date set prior to the proposed move date and isn't that a requirement?
1 Answer from Attorneys
Unfortunately it is not a requirement that the Court date be set prior to the date of the proposed relocation. The statute does require an expedited hearing, however, you are at the mercy of the court's schedule when trying to have a case heard. It should also be noted that a party cannot move until either the other side consents or the court approves the move. If a party moves prior to have the proper approval, then that is a factor that can be used against that party at the trial.
If you don't already have an attorney, I would highly suggest that you retain one asap. Relocation cases can be very difficult and if the other side has an attorney and you don't it will be just that much more difficult to get this approved. Additionally, you would certainly want to put the best case possible on as a loss would mean that you would not be able to move or would be able to move but would lose custody of your child. You only get one chance at this hearing so it must be done right the first time.
If you cannot afford an attorney, I would suggest that you contact the bar association for your county. If you do not have an attorney but would like to retain one, then feel free to contact my firm for a free phone consultation.
Justin C. Gearty Jr., Esquire