If you’re a parent in Pennsylvania looking to relocate with your child, you must follow strict legal procedures—or risk losing custody rights. Under 23 Pa.C.S. § 5337, any move that significantly impacts the current custody arrangement requires court approval or the consent of the other parent. If you fail to take the right steps, your relocation request may be denied, or worse, you could face legal consequences.
As a Pennsylvania family law attorney, I’ve seen too many parents make the mistake of assuming they can just pack up and go. Trust me, the courts take these cases seriously. But with proper planning and legal representation, you can successfully relocate with your child—if it’s in their best interest.
Understanding Relocation in Pennsylvania Custody Cases
What Counts as a “Relocation” Under Pennsylvania Law?
Pennsylvania law defines relocation as any move that significantly impairs the non-relocating parent’s custodial rights. That could mean:
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Moving to another state.
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Moving just a few hours away.
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Moving across town if it disrupts the custody schedule.
One of my clients, Sarah, thought a move from Pittsburgh to Philadelphia wouldn’t be a big deal. But because it changed her ex-husband’s ability to see their son on weekends, the court considered it a relocation—and she needed to file a petition.
Step-by-Step Guide to Filing a Petition for Relocation in Pennsylvania
Step 1: Give Proper Notice to the Other Parent
Pennsylvania law requires that you send written notice at least 60 days before the intended move. Your notice must include:
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The new address.
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Reason for relocation.
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Proposed changes to the custody schedule.
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Information about schools, healthcare, and community in the new location.
If you find out about the move on short notice (such as a job transfer), you must give 10 days’ notice once you become aware.
Step 2: File a Petition for Relocation
If the other parent objects, you must file a formal petition with the court. This legal document should outline:
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Why the move is necessary.
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How it benefits the child.
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Why alternative arrangements won’t work.
I once helped a father, James, relocate for a once-in-a-lifetime job offer in Texas. We provided evidence showing that his move would provide a better standard of living, and that his child’s bond with his ex-wife could be maintained through virtual visitations and extended summer visits.
Step 3: Prepare for the Custody Relocation Hearing
If your relocation is contested, the judge will hold a hearing to decide what’s best for your child. The court considers 10 factors under 23 Pa.C.S. § 5337(h), including:
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Impact on the child’s relationship with both parents.
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Educational opportunities at the new location.
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Financial stability of the moving parent.
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Child’s preference (if they are mature enough).
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Past or present domestic violence or abuse.
Judges want proof that the move is genuinely beneficial—not just a way to make custody harder for the other parent.
Common Mistakes Parents Make in Relocation Cases
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Failing to Give Proper Notice – Many parents mistakenly think they can move first and deal with the legalities later. This can result in legal penalties and loss of custody rights.
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Not Providing a Solid Parenting Plan – A vague or incomplete plan for visitation and communication with the other parent can make it easier for the judge to deny the request.
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Ignoring the Child’s Best Interest Standard – Courts prioritize the child’s well-being over the parent’s desires. Parents who fail to demonstrate the move’s benefits for the child often lose their case.
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Not Preparing for the Custody Hearing – Lack of strong evidence and testimony can hurt the case. Proper preparation, including school data, community benefits, and expert testimony, is crucial.
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Underestimating the Other Parent’s Legal Strategy – If the non-relocating parent hires an aggressive attorney, they can present strong arguments against the move. Being unprepared can lead to case dismissal.
Legal Precedents and Case Examples
When You Can Relocate
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A mother was allowed to relocate to a new state for a high-paying job that allowed her to provide better financial security for her child. The court approved because the mother presented an alternative visitation schedule, ensuring the father maintained a meaningful relationship.
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A father was permitted to relocate after proving that the new location offered better educational and medical resources for his special-needs child, which were not available in their current town.
When You Cannot Relocate
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A mother’s request to move to another state was denied because she could not demonstrate a clear benefit for the child and failed to provide a reasonable custody schedule for the father.
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A father’s petition to relocate was denied after the mother presented evidence that the move would significantly disrupt the child’s schooling and social connections, without offering substantial benefits in return.
What Courts Look for in Relocation Cases
Judges analyze several factors before approving a relocation request:
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Parental Motivation – Is the move truly in the child’s best interest, or is it an attempt to restrict the other parent’s access?
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Child’s Adjustment to Home, School, and Community – A judge may deny relocation if it disrupts a well-established environment.
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Quality of Life Improvements – Will the new location offer better education, healthcare, or financial stability?
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Parental Cooperation – Courts favor parents who actively work together to create a fair custody arrangement.
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Feasibility of Maintaining Relationships – If the non-moving parent’s ability to have meaningful visits is significantly hindered, relocation may be denied.
FAQs About Child Custody Relocation in Pennsylvania
1. Can I move if the other parent agrees?
Yes, but you must still file a written agreement with the court to make it legally binding.
2. What if I move without court approval?
You risk losing custody and being held in contempt of court.
3. Does my child get a say in relocation cases?
Yes, if they are mature enough to express a preference, the judge will consider their wishes.
4. What if I need to move for safety reasons?
If you’re fleeing domestic violence, seek a Protection from Abuse (PFA) Order and consult an attorney immediately.
5. How long does the process take?
If the other parent contests, it can take several months. If uncontested, approval may take only a few weeks.
Need Help with a Relocation Case? Contact a Pennsylvania Family Law Attorney Today
Every relocation case is unique, and the stakes are too high to go it alone. If you need legal advice, schedule a free consultation with a Pennsylvania custody lawyer today.
