NO CONCESSION THAT RELOCATION AFFECTS OTHER PARENT'S CUSTODIAL RIGHTS

C.M.K. v. K.E.M., 2012 Relocation Case, Superior Court - March 27, 2012.  The new 2012 Pennsylvania Custody Statute requires a parent to provide a very specific Notice of Relocation to the other parent when the move will affect the other parent's custodial rights, - not only physical custodial rights, but also rights of shared legal custody.  In this case Mother gave Father notice and filed a petition for relocation. The Court found that, by filing for relocation, Mother did NOT concede that her proposed move would affect Father's custodial rights or require her to serve Notice within the parameters of 23 Pa.C.S. 5322(a).  However, under the facts of this case where Father was very involved in the child's daily life, ultimately the Court found that Mother's proposed move to 68 miles away would significantly adversely affect the Father-child relationship, and the offer of additional custodial time by Mother was insufficient to mitigate the adverse affect such a move would have on Father's relationship with the child.