Can an Ex-spouse Move Out-of-State and Take a Child for Whom There is Shared Custody?
An ex-spouse with joint legal and shared physical custody of a child may gain approval to move to another state with the child. In the recent Martin case, a woman was allowed to take a child from Pennsylvania to Virginia permanently, to live with her new husband. The new husband had a better job lined-up in Virginia, where he would be able to substantially increase his income. Additionally, he was buying a large house from his father at a reduced price, below market value, and the child’s mother has proposed a plan to continue with the existing visitation schedule. The Court, as always in this type of case, looks to “the best interests of the child” as its guide in making decisions regarding the child; and in doing so, evaluates on a case-by-case basis “all of the factors that may legitimately affect the physical, intellectual, moral, and spiritual well-being of the child.” Further, the Court reinforced a test which it previously stated, whereby it evaluated: (1) the potential advantag
