Do I Need Permission to Relocate with My Child in Pennsylvania?

If you are a divorced parent with a minor child, you cannot simply up and move the child away from their other parent. Pennsylvania’s child relocation laws prevent parents from moving with their children without the other parent’s consent or the consent of the court. In this article, the Philadelphia child custody attorneys at the Law Offices of Lauren H. Kane will discuss Pennsylvania’s relocation statute and how it applies to child custody cases.

What are Pennsylvania’s laws on relocating with children? 

Parents who live with their children for most of the time cannot simply relocate on a whim. They must follow Pennsylvania’s relocation law which applies regardless of whether or not you have a custody order from the court. Even if you’ve never been to court and never filed for custody, the relocation law could still apply.

Under Pennsylvania law, relocation is defined as moving a child to a new home in a location that makes it difficult for the other parent to visit the child. The actual distance you can move with your children will depend heavily on the terms of your current custody arrangement.

In some cases, the parents will agree to the relocation while making small changes to the current parenting plan. In other cases, the court decided whether or not the parent can move with their minor children.

Providing notification 

Pennsylvania law prevents parents from relocating with minor children unless both parents consent to the move or the court reviews and approves the relocation. Pennsylvania requires the parent who wants to relocate to submit notice to the other parent by certified mail at least 60 days before they plan on moving. The notice must also be submitted to the court along with the proper paperwork to request a modification of the custody schedule.

The notification must include information about the new home, including:

• The date you plan on moving
• The reason you are relocating
• The address you plan on moving to
• Your mailing address after the move
• Your phone number after the move
• The names and ages of everyone who will be living in the new residence
• The name of the new school district and the school the children will be attending
• Plus any other relevant information

In addition to the aforementioned, you will also need to include a revised custody schedule and a counter-affidavit. You will have to advise your co-parent that they have 30 days to reply. The co-parent can either agree to the relocation, or they can file a counter-affidavit to attempt to block it. The parent only has 30 days to file this objection. If they do, the court will schedule a hearing to determine if the move is in the best interests of the child.

Talk to a Philadelphia Child Custody Attorney Today 

The Law Offices of Lauren H. Kane represent the interests of parents who are attempting to relocate with their minor children. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.