If you’re a parent wondering, “Can I move out of state with my child?”, the short answer is yes—but only if you follow Pennsylvania law. Moving with your child without the other parent’s consent or court approval can have serious legal consequences, including loss of custody. Pennsylvania’s child custody relocation laws are strict, and courts carefully consider whether a move is in the child’s best interests.
At Wenger Law Firm, we’ve helped many parents in Mercer County, Lawrence County, Beaver County, and Butler County navigate Pennsylvania custody relocation cases successfully. If you’re thinking about relocating, keep reading to learn how to legally and effectively petition for a move, avoid common mistakes, and protect your parental rights.
Understanding Pennsylvania’s Child Custody Relocation Laws
What is Considered a Relocation in Pennsylvania?
Many parents assume that relocation only means moving across the country, but under Pennsylvania child custody law (23 Pa.C.S. § 5337), a relocation is any move that significantly impacts the non-relocating parent’s ability to maintain a relationship with the child.
This means even moving from Mercer County to Pittsburgh or from Lawrence County to Ohio might be considered a relocation under the law. If your move makes regular visitation more difficult or requires a modification to the custody schedule, you must follow Pennsylvania’s legal process.
👉 Example: I once had a client who thought moving from Butler County to Philadelphia wouldn’t require court approval because she was staying in the same state. However, since the move would have added five hours of travel time between the child and the other parent, it was legally considered a relocation, and she needed to file a petition.
Do I Need the Other Parent’s Permission to Move?
In Pennsylvania, you must get either:
✅ The other parent’s written consent
✅ A court order granting relocation
If the other parent agrees to the move, you can simply file a signed agreement with the court. However, if they object, you’ll need to petition the court and prove that the move is in the best interests of your child.
How to File for Relocation in Pennsylvania
If you plan to move, Pennsylvania law requires that you notify the other parent in writing at least 60 days before the move. Here’s a step-by-step guide on how to do it legally.
Step 1: Send a Formal Relocation Notice
Your relocation notice must include:
📍 New address and contact information
📅 Proposed moving date
📖 Reason for the move (e.g., job relocation, better schools, family support)
👩⚖️ Proposed new custody arrangement
🚗 Transportation arrangements for visitation
The notice must be sent via certified mail to the other parent. They then have 30 days to file an objection.
Step 2: Prepare for a Possible Court Battle
If the other parent objects, the court will hold a relocation hearing, where both sides present their case. The judge will decide based on factors like:
- The child’s relationship with both parents
- Educational and healthcare opportunities at the new location
- The reason for the move (is it to improve quality of life, or to limit the other parent’s contact?)
- The ability to maintain a relationship with the non-moving parent
Step 3: Present a Strong Case in Court
This is where having an experienced Pennsylvania child custody attorney is crucial. If you fail to prove the move is beneficial, the judge can deny your request, forcing you to either stay put or give up primary custody.
👉 Example: I once represented a father in Butler County who wanted to relocate to Texas for a higher-paying job. The mother objected, claiming he was only moving to get away from her. We presented evidence of better schools, a safer neighborhood, and financial stability, and the court ruled in his favor.
What Happens If I Move Without Permission?
Moving out of Pennsylvania with your child without court approval can have serious legal consequences:
❌ You could lose custody
❌ You could face contempt of court
❌ Your child could be ordered to return
Courts take parental kidnapping seriously, even if you believe you’re doing what’s best for your child.
How to Improve Your Chances of Winning a Relocation Case
If you’re serious about moving out of state with your child, here’s how to increase your chances of success in court:
✅ Gather strong evidence (better schools, safer environment, financial stability)
✅ Show willingness to maintain visitation (offer extended summer visits, virtual contact)
✅ Work with an experienced attorney who knows how to argue relocation cases effectively
Need Help with a Relocation Case? Contact Wenger Law Firm Today!
At Wenger Law Firm, we’ve helped parents in Mercer County, Lawrence County, Beaver County, and Butler County navigate complex child custody relocation cases. If you’re thinking about moving, don’t risk losing custody—schedule a consultation today.
FAQs: Pennsylvania Child Custody Relocation
1. Can I move out of state with my child if I have sole custody?
Not automatically. Even if you have sole legal custody, you must still follow Pennsylvania’s relocation laws and notify the other parent.
2. What if my child wants to move? Will the judge listen?
Possibly. If your child is mature enough, the judge may consider their preference, but it’s only one of many factors in a relocation decision.
3. How long does a relocation case take in Pennsylvania?
It depends. If both parents agree, it can be resolved quickly. If the other parent objects, expect a court hearing that may take months.
4. Can my ex stop me from moving with my child?
Yes, if they file an objection and the court agrees. That’s why it’s essential to build a strong case showing that the move benefits your child.
5. What if my ex moved out of state with my child without permission?
You can file a petition for contempt, and the court may order your child’s return. You may also be able to modify custody in your favor.
Final Thoughts
If you’re asking, “Can I move out of state with my child?”, the answer is: Yes, but only if you follow Pennsylvania law. A mistake could cost you custody, so don’t take chances—work with an experienced Pennsylvania child custody lawyer to protect your rights.
🔗 Related Articles:
- How to Modify a Custody Order in Pennsylvania
- Understanding Child Custody Laws in Pennsylvania
- What Happens If a Parent Violates a Custody Agreement?
Thinking about relocating? Contact Wenger Law Firm today to discuss your case.
