Parental Relocation Cases: How to Handle Custody When Moving Out of State

There are plenty of reasons why an individual would want to move from the area where they lived when they were first divorced.

But in Pennsylvania, if your marriage included children and a custody agreement is in place, then relocating with your children will involve navigating specific legal requirements.

Pennsylvania’s Child Custody Act governs these cases and defines relocation as a move that significantly impacts the non-relocating parent’s ability to exercise custodial rights. As in all things, the law emphasizes protecting the child’s best interests.

If you are considering a move, the first thing you will need to do is provide formal written notice of your intent to relocate to your ex or anyone else who has custodial rights. This notice needs to be sent via certified mail and has to be provided at least 60 days before your proposed move (or within 10 days of learning about the need to relocate). All essential information needs to be provided, including the proposed new address, the reasons for your relocation, and a proposal for revised custody arrangements.

Upon receipt, the non-relocating parent or person with custody has 30 days to file an objection with the court. If no such objection is filed within this time frame, the court may grant permission for the relocation without a hearing. If, however, the other party files an objection, a court hearing will be scheduled to evaluate the request. You cannot relocate without court approval unless the non-relocating parent consents to the move in writing.

When presented with both the request and the non-relocating parent’s objection, the court will assess several factors to determine whether the relocation is in the child’s best interests. These factors include:

1. The quality of relationships between the child and both parents.
2. The age, needs, and developmental stage of the child.
3. The feasibility of maintaining meaningful contact with the non-relocating parent.
4. The child’s preference, considering their age and maturity.
5. The reason for the relocation and any potential benefits for the child.
6. The impact of the move on the child’s education, social life, and stability.
7. Any history of abuse by either parent.

If, upon reviewing each of these elements, the court approves your relocation, your custody order will be modified to reflect the new arrangements. The court will work to balance both your interests and the legitimate interests and rights of your ex-spouse, as well as what is in the child’s best interest.

You must follow the letter of the law when it comes to relocating your children following a divorce. Failing to do so can result in penalties ranging from denial of the request to loss of your custody rights. For assistance in pursuing this course of action, contact our experienced attorneys today.