Thinking of Moving? Pennsylvania's Child Relocation Law Explained
Life changes. New job opportunities arise, family support systems shift, or you may simply need a fresh start. But when you share custody of a child in Pennsylvania, you cannot simply decide to move. If your move could significantly impact the other parent's custodial rights, you are required to follow the strict legal procedures for relocation.
Failing to do so can have severe consequences, including being ordered by the court to return the child and potentially losing custody. Here’s what you need to know.
What is a "Relocation" in Pennsylvania?
The law defines a relocation as "a change in a residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights."
This is a flexible definition. Not every “move” meets the definition of a "relocation.” A move 50 miles away could be a relocation if it disrupts a 50/50 weekly custody schedule, while a 100-mile move might not be if the other parent only has custody one weekend a month. The key is whether the move "significantly impairs" the other parent's ability to exercise their custodial rights. This includes not just their scheduled physical time, but also their ability to be involved in the child's school, activities, and daily life.
The Two Paths to a Legal Relocation: Agreement or Court Order
There are only two ways to legally relocate with your child:
Agreement of the Other Parent: You and the other parent can agree to the move. This agreement should be put in writing and signed.
Permission from the Court: If the other parent does not agree, you must file a formal "Petition to Relocate" and get a judge's permission before you move.
The Formal Notice Requirement
The law requires a formal, detailed notice to be sent via certified mail, typically at least 60 days before the intended move. This timeline is strict and failing to adhere to it can jeopardize your request.
This notice must include:
The intended new address and phone number.
The names and ages of everyone who will be living in the new residence.
The name of the new school district and school.
The date of the proposed move.
The reasons for the proposed relocation.
A proposed new custody schedule.
A formal counter-affidavit that the other parent can use to object, along with a warning that if they do not timely object, you will be permitted to move.
This is a highly technical process, and any mistake can invalidate your notice.
What Happens if the Other Parent Objects?
If the other parent files an objection, the court will schedule a hearing. At this hearing, it is your burden to prove to the court that the relocation is in the best interest of the child.
The court will weigh many factors, including:
The Child's Relationships: The court will examine the child's bond with each parent, siblings, and other important people.
Impact on the Child: It will consider the child's age and needs, and how the move would affect their emotional, educational, and physical development.
Quality of Life: The court assesses whether the move would genuinely improve the quality of life for both the child and the moving parent.
Parents' Motives: It will analyze each parent's reasons for seeking or opposing the move to ensure they are in good faith.
Co-Parenting History: The court looks at whether either parent has a history of encouraging or undermining the child's relationship with the other parent.
Maintaining the Relationship: The court will consider how realistic it is to preserve a strong bond with the non-relocating parent through a new custody schedule.
Safety: Any history of abuse is a critical factor.
The Child's Preference: Depending on the child's age and maturity, their preference may be considered.
The court will carefully weigh these factors to determine whether the benefits of the move for the child outweigh the potential harm of disrupting the relationship with the other parent.
Key Takeaway
Relocation cases are among the most complex and emotionally charged in family law. The law is designed to protect the child's relationship with both parents. Whether you are the parent seeking to move or the parent seeking to prevent a move, it is crucial to understand your rights and obligations.
If you are considering a relocation or have received a notice of relocation, please contact Spadafore | Prather | Janes at 814-332-6000 or inquiry@thebetterwaylaw.com to schedule a consultation.
Disclaimer: This blog post is for general informational purposes only. You should never take legal advice from a blog post; instead, you should consult with an attorney for advice regarding your individual situation. The reading of this information does not constitute legal advice or create an attorney-client relationship.