In Pennsylvania, a parent generally cannot relocate with a child unless every person with custody rights consents or a court approves. A relocation is any move that significantly impairs the other parent’s ability to exercise custodial rights.
When might a move be approved? Here are some key points to consider.
What counts as relocation?
Relocation is not only an out-of-state move. A move within Pennsylvania can also qualify if the change significantly complicates parenting time.
Required notice and objections
A parent who plans to relocate must give written notice at least 60 days before the move, when possible. The notice must include the new address, the reason for the move and a proposed custody schedule. It must also attach a counter-affidavit. The other parent has 30 days from receipt to object. The objection must be properly served and filed. If no timely objection is made, the relocating parent may ask the court to confirm the move.
How courts decide
If there is no consent, the court holds a hearing. The relocating parent must show that the move serves the child’s best interests. The judge considers statutory relocation factors. These include the child’s ties with each parent, the child’s needs, the feasibility of preserving relationships, the child’s preference, any history of abuse, the motives of each parent and whether the move improves life for the child and the relocating parent.
The court may modify custody and set a new schedule. Parents should understand their rights at each stage of the process and be aware of the applicable timelines. Relocation cases can be complex, and understanding what the law requires helps parents prepare effectively. Many families choose to seek legal guidance to better navigate notice, objections and hearings so they can protect their relationship with their child.
