When parents share custody of a child in Pennsylvania, questions about relocation often become some of the most difficult to resolve. Whether you are considering a move for a new job, family support, or a fresh start, you cannot simply pack up and move if the other parent is involved in custody. Pennsylvania family law has strict rules about relocation, and failure to follow them can result in serious legal consequences.
At Louis Wm. Martini Jr. P.C., we have decades of experience guiding families through custody disputes and relocation cases in Media and throughout Delaware County. We understand how important these decisions are, and we are prepared to protect both your parental rights and your child’s best interests.
What Pennsylvania Law Says About Relocation
Pennsylvania law treats a move as a relocation if it interferes with the other parent’s ability to spend time with the child. A parent does not have to leave the state for this to apply. Even moving within Pennsylvania can qualify if it disrupts the existing custody schedule.
If you share custody, you must either obtain the consent of the other parent or seek approval from the court before relocating. Moving without following this process can jeopardize your custody rights and lead to sanctions or even changes in custody orders.
The Notice Requirement
The first step in a relocation case is providing notice. A relocating parent must give at least 60 days’ written notice before the intended move in most circumstances. That notice should include where you plan to live, the reason for the move, your suggested custody arrangement, and how transportation will be handled.
If the move is unexpected and you cannot give 60 days’ notice, you must provide notice as soon as possible. The other parent then has the opportunity to consent or to object by filing with the court.
How Courts Decide Relocation Cases
When parents cannot agree, the court will hold a hearing to decide whether relocation is in the child’s best interest. Judges weigh a number of considerations, including:
- The nature and quality of the child’s relationship with each parent.
- The age, developmental stage, and individual needs of the child.
- The potential advantages the move might create, such as improved quality of life, education, or support from extended family.
- The ability of the child to maintain a meaningful relationship with the parent who does not move.
- Each parent’s reasons for supporting or opposing the relocation.
No single factor determines the outcome. Instead, the court reviews the circumstances as a whole to decide what arrangement best serves the child. For example, if a parent is offered a new job in another city, the court may balance the financial benefits and stability that job provides against the possible disruption to the child’s education and friendships.
Practical Tips for Parents Considering Relocation
If you are preparing to relocate, it helps to think ahead before sending formal notice. Parents often benefit from:
- Keeping records of all communication with the other parent about the move.
- Researching schools, healthcare, and community resources in the new location.
- Planning realistic transportation and visitation schedules before proposing them.
- Gathering information that shows how the move supports your child’s stability and well-being.
These steps not only strengthen your case but also show the court that you are approaching the process responsibly.
Mediation as an Option
Not every relocation case needs to become a courtroom battle. In many situations, parents can turn to mediation to resolve disputes about moving. A neutral mediator helps both sides work toward a parenting plan that addresses the move while keeping the child’s best interests at the forefront. Mediation can save time, reduce stress, and preserve a cooperative co-parenting relationship.
The Importance of Legal Representation
Relocation disputes can be highly emotional and complex. Parents may feel torn between pursuing opportunities and protecting time with their child. Having an experienced attorney ensures that your position is presented clearly and supported by strong evidence. At our firm, we prepare every case as if it may go to trial. This trial-ready approach ensures that judges and opposing counsel know we are serious about advocating for our clients.
We also understand the importance of negotiation and will explore whether agreements can be reached that balance the needs of both parents while minimizing conflict for the child.
Why Families Trust Louis Wm. Martini Jr. P.C.
Our firm has been serving families in Southeastern Pennsylvania for decades. We combine compassionate guidance with aggressive advocacy, and we are known for tailoring strategies to the unique circumstances of each family. Whether you are seeking to relocate or opposing a move, we will stand by your side and ensure that your voice is heard.
Taking the Next Step
If you are considering relocation or if your co-parent has notified you of a planned move, the time to act is now. Waiting too long can limit your options and put your custody rights at risk.
Contact Louis Wm. Martini Jr. P.C. today to schedule a consultation. We will explain your rights, outline the relocation process, and develop a strategy to protect your relationship with your child.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.