When a divorce or custody agreement involves children, life doesn’t stop changing after the paperwork is signed. One of the most difficult and emotional decisions a parent may face is when one party wants to move to another city or state with their child. You might be asking:
- Can a parent legally move without the other’s consent?
- What rights do I have if I want to stay involved in my child’s life?
- What if I’m the one who needs to relocate for a job, support system, or other reasons?
At Louis Wm. Martini Jr. P.C., we know how important it is to preserve the connection between parent and child. Whether you are the one considering a move or the parent concerned about how that move could affect custody, understanding your rights is essential.
This guide breaks down how relocation works in Pennsylvania, what legally qualifies as a relocation, and the steps you may need to take depending on your role in the process.
Relocation Laws in Pennsylvania: What Counts as a Relocation?
Not every move qualifies as a legal “relocation” under Pennsylvania law. According to the Pennsylvania Domestic Relations Code, relocation is defined as a change in a child’s residence that disrupts or limits the other parent’s ability to carry out their custody or visitation rights.
In practical terms:
- A move just a few miles away may not qualify as a legal relocation.
- A move across the state or even to a new school district might qualify if it significantly affects parenting time or custody rights.
Whether a move counts as a legal relocation depends on how it impacts the existing custody arrangement, not just the physical distance involved.
Do Parents Need Consent to Relocate with a Child?
Yes. Pennsylvania law states that a parent cannot relocate with a child unless:
- Every individual with custody rights consents in writing, or
- The court approves the move after a formal relocation hearing.
This rule applies whether the relocating parent has primary or shared physical custody. If a parent attempts to move without fulfilling these legal requirements, they may be violating the custody order, and the court may intervene.
What Happens During a Relocation Hearing?
If both parents do not agree on the proposed move, the parent seeking relocation must file a petition with the court requesting permission. A relocation hearing will be scheduled, during which the judge will consider several key factors, including:
- The child’s relationship with each parent and extended family.
- The child’s age, needs, and how the move may affect development and well-being.
- Whether the move would hinder the other parent’s ability to maintain their relationship with the child.
- The child’s preference, if they are mature enough to express one.
- Whether the move is likely to enhance the child’s quality of life.
- Any history of abuse or domestic violence.
- Whether each parent is acting in good faith.
Ultimately, the court will base its decision on the best interest of the child, not on what may be easier or more desirable for either parent.
Can a Parent Object to a Relocation?
Yes. When a parent receives a formal Notice of Proposed Relocation and disagrees with the move, they must take timely legal action to preserve their rights. If no objection is filed, the court may interpret the lack of response as consent and allow the relocation to proceed by default.
If you're planning to object to a proposed relocation:
- Submit your formal objection in writing within the required 30-day timeframe.
- Speak with a Pennsylvania family law attorney to better understand your legal options.
- Gather documentation showing how the move may interfere with your custodial time or relationship with your child.
Helpful evidence might include:
- A copy of the current custody order.
- A parenting time calendar, journal, or visitation log.
- School, extracurricular, and medical records that demonstrate ongoing involvement.
- Emails, texts, or written communications about the proposed move.
- Notes about how the relocation may affect your ability to maintain regular parenting time.
What Does the Law Require Before a Parent Moves?
Under 23 Pa.C.S. § 5337(c)(2), a parent planning to relocate must:
- Provide written notice at least 60 days before the proposed move, or
- If the need to move is discovered less than 60 days in advance, give notice within 10 days of learning about it.
The parent receiving the notice (the non-relocating parent) then has 30 days from receipt of the notice to object in writing.
The Notice of Proposed Relocation must include the following details under § 5337(c)(3):
- The full address of the new residence
- The new school district
- The intended date of the relocation
- The reason for the move
- A proposed new custody schedule
This information is crucial because it allows the other parent and the court to evaluate how the move could affect custody and parenting time.
Even though the burden is on the parent requesting relocation to prove that the move is in the child’s best interest, the opposing parent must also present a clear, well-supported objection.
If a parent fails to follow proper notice procedures, the court may deny the relocation, modify custody, or order the relocating parent to reimburse the other parent’s legal fees.
What If a Parent Moves Without Notice or Court Approval?
If a parent relocates without obtaining either written consent or court approval, this may be considered a serious violation of the custody order.
In such situations, the court may:
- Order the child to be returned
- Modify the existing custody agreement
- Impose sanctions or legal penalties on the relocating parent
Time is critical in these cases. Delaying action can weaken your legal position, making it harder to enforce your custodial rights and reducing the likelihood of reversing the relocation.
Take Action Before It’s Too Late
Child relocation cases in Pennsylvania can impact both your parental rights and your child’s future, making early action essential. Whether you're trying to protect your time with your child or preparing to request a move, the decisions you make now can have long-lasting effects on your custody rights and your child’s future. Getting experienced legal guidance early can be the difference between preserving your relationship and losing precious parenting time.
At Louis Wm. Martini Jr. P.C., we provide experienced, results-focused representation to parents facing relocation and custody disputes in Delaware County, Chester County, and across Southeastern Pennsylvania. We’re here to help you protect your parental rights and support your child’s well-being every step of the way.
Talk to a Pennsylvania Custody Lawyer Who Understands
If you're planning to relocate with your child or if you're concerned that a proposed move could interfere with your custodial rights, you don’t have to go through this alone. The decisions you make now can shape your relationship with your child for years to come.
Contact Louis Wm. Martini Jr. P.C. today to schedule a confidential consultation. We proudly serve families in Media, Upper Darby, Springfield, Drexel Hill, Chester, Broomall, and nearby communities.
Let us help you move forward with confidence and the legal support you need.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For guidance regarding your specific situation, contact a licensed Pennsylvania family law attorney.