Want to Move Out of State with Your Child? Here’s How to Get Court Approval

If you’re wondering, “Can I move out of state with my child?” the simple answer is: not without meeting Pennsylvania’s legal requirements. Relocation cases involving children are complex, as the law prioritizes the child’s best interests. Whether you’re seeking to move or opposing a relocation, understanding the process is crucial.

What Counts as Relocation in Pennsylvania?

Relocation isn’t just about crossing state lines. According to Pennsylvania law, any move that significantly impacts the non-relocating parent’s ability to exercise custody qualifies as relocation. This could mean moving across the country or even just a few counties away.

My Personal Experience with a Relocation Case

I once worked with a single mother who received a dream job offer in another state. She wanted to take her son along but hadn’t realized that moving out of state would require court approval. Her case taught me that preparation is key, especially when dealing with sensitive custody issues. By following Pennsylvania’s legal steps and presenting a solid plan, she successfully obtained permission to relocate.

Legal Requirements for Relocation in Pennsylvania

Relocation cases are governed by 23 Pa.C.S. §5337. Here’s what you need to know:

1. Notice Is Mandatory

The relocating parent must notify the other parent (and any other party with custodial rights) in writing at least 60 days before the move. The notice must be sent via certified mail and include:

• The address of the new residence.

• The names and ages of people living at the new residence.

• Information about the new school district and school.

• A detailed custody schedule proposal.

• Reasons for the relocation.

2. Objections Are Time-Sensitive

The non-relocating parent has 30 days to file an objection. Without an objection, the court may approve the move without a hearing.

3. Court Approval May Be Required

If there’s disagreement, the court will hold a hearing to determine whether the move aligns with the child’s best interests.

How Courts Decide: Best Interests of the Child

The court’s main focus is always the child. In determining whether to approve a relocation, judges consider:

• The relationship between the child and each parent.

• The child’s developmental and emotional needs.

• Whether the move improves the child’s quality of life.

• Feasibility of maintaining a relationship with the non-relocating parent.

• The child’s preference, depending on their age and maturity.

• Any history of abuse or neglect.

A Real-World Example

I once represented a father opposing a relocation. His ex-partner planned to move with their daughter to a state over 1,000 miles away. We argued that the relocation would severely limit his ability to maintain a relationship with his daughter. By proposing a robust custody schedule that minimized disruption to the child, we successfully opposed the move.

Practical Tips for Parents Considering Relocation

For Parents Seeking Relocation:

1. Document Your Reasons: Keep records of job offers, housing arrangements, and school comparisons.

2. Be Flexible with Custody Schedules: Propose realistic ways to maintain the other parent’s involvement, like virtual visits and holiday schedules.

3. Prepare for Emotional Reactions: Relocation cases can stir strong feelings. Approach discussions calmly.

For Parents Opposing Relocation:

1. Highlight Your Role: Demonstrate your involvement in your child’s daily life.

2. Present a Plan: Offer an alternative that prioritizes stability for the child.

3. Seek Legal Help: An experienced attorney can help you build a strong case.

FAQs About Relocating with a Child in Pennsylvania

1. Can I Move If the Other Parent Doesn’t Object?

Yes, but you must still provide notice and ensure no objections are filed within 30 days.

2. What Happens If I Relocate Without Court Approval?

Unauthorized relocation can lead to legal penalties, including a modification of custody arrangements.

3. Does the Child’s Opinion Matter?

Yes, especially if the child is mature enough to express a preference. Their opinion is one of many factors the court considers.

4. Can I Appeal a Court’s Decision?

If you disagree with the ruling, you may appeal. Consult an attorney to understand the process and likelihood of success.

Relocation and Custody: The Bottom Line

Relocation cases in Pennsylvania can be emotionally charged and legally complex. Courts prioritize the best interests of the child, making it essential to present a well-prepared case. Whether you’re planning to move or opposing a relocation, I’m here to help. My goal is to make this process as smooth and stress-free as possible for you and your family.

Have questions about your specific situation? Contact me today for a consultation.