Can I Move Out of State With My child?

In Pennsylvania, you cannot simply move out of state with your child if the move would significantly impact the other parent’s custody rights.

Relocation cases are taken seriously by the courts. Whether or not a formal custody order is already in place, any move that substantially affects the other parent’s ability to exercise custody requires either consent or court approval.

What Counts as Relocation?

Relocation includes:

  • Moving out of Pennsylvania
  • Moving far enough within Pennsylvania that it significantly affects the current custody schedule

     

If the move would interfere with the other parent’s custodial time, legal steps must be followed.

If the Other Parent Agrees

If both parents agree to the relocation:

  • The agreement must be put in writing
  • It must be submitted to the court for approval

Even when parents cooperate, court approval ensures the arrangement is legally enforceable.

If the Other Parent Does Not Agree

If the other parent objects:

  1. You must file a Petition for Relocation with the court.

  2. The petition must be served on the other parent.

  3. The other parent has the right to object.

  4. The court will schedule a hearing.

At the hearing, the judge will evaluate whether the move is in the best interests of the child.

What Factors Does the Court Consider?

The court examines several factors, including:

  • The reason for the relocation
  • The child’s relationship with both parents
  • The feasibility of preserving meaningful contact with the non-moving parent
  • The child’s educational and emotional stability
  • The potential improvement in quality of life

Judges do not automatically favor relocation. The focus is always on the child’s best interests.

The Risks of Moving Without Approval

Attempting to relocate without following the proper legal process can result in serious consequences, including:

  • Being ordered to return the child
  • Modification of custody
  • Damage to credibility before the court

Relocation cases require careful preparation and a strong, child-centered presentation.

If you are considering a move, it’s important to understand your obligations before taking action.

If you have any questions about the topic discussed in this article, or any custody matter, please give us a call at Bononi & Company 724-832-2499.

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