No matter which parent has primary custody of your child, relocating that child after a Pennsylvania divorce is a complex process. Not following the rules can have drastic consequences, so talk to a Pittsburgh child custody lawyer to understand your rights and obligations. Otherwise, you could be in serious trouble, and the courts might revise your custody or visitation rights.
Pennsylvania Child Custody Laws and the Definition of “Relocation”
Pennsylvania custody law treats relocation as more than simply moving to a new home. Under state law, “relocation” means a change in the child’s residence that makes it significantly harder for the non-custodial parent to exercise their custody rights. A move across town might not qualify, but a move far enough to interfere with the existing custody schedule usually does. If a move meets this definition, the parent who wants to relocate must give proper written notice to the other parent and, in some cases, obtain court approval. This law means parents cannot decide on their own whether or not a move counts as a relocation.
Notice Requirements Before Relocating
Pennsylvania law requires a parent who plans to relocate with a child to give written notice well in advance. The parent with primary custody must send the notice at least 60 days before the move, unless unexpected circumstances make that timeline impossible. Parents must send the notice by certified mail, return receipt requested, so there is a verifiable record of delivery. Furthermore, the notice must include the new address, the names of anyone who will live in the home, the child’s new school information, the reason for the move, and a proposed custody schedule. If the other parent objects, the court will decide whether the relocation can proceed.
Consent and Possible Objections From the Other Parent
When one parent gives notice of a proposed relocation, the other parent has the right to agree or object. The non-custodial parent must provide their consent in writing. If the other parent disagrees, they can file an objection with the courts within 30 days of receiving the notice. An objection automatically stops the move until a judge reviews the case. The court will then schedule a hearing to decide whether relocation serves the child’s best interests.
The Role of the Court in Relocation Cases
When a parent objects to a relocation, the courts must decide if it suits the child’s best interests. A judge will hold a hearing where each parent presents evidence and explains their position. The relocating parent must show that the move benefits the child, while the other parent can argue how the move may harm their custody rights or the child’s well-being. After weighing both sides, the judge decides whether the move can proceed and how to adjust the child custody arrangement, if necessary.
Consequences of Relocating Without Permission
Judges view unauthorized relocation as a disregard for the other parent’s rights and the court’s authority. Accordingly, moving a child without notice or court approval can lead to contempt charges, fines, or a change in custody. In some cases, the court may order the child returned and reduce the relocating parent’s custody time.
How Our Pennsylvania Child Custody Lawyers Can Help
Relocation cases in Pennsylvania involve strict deadlines, detailed filings, and court hearings that determine your family’s future. Our custody lawyers can guide you through each step so you understand your rights and obligations before making any move. We prepare and file the required notice, respond to any objections from your ex-spouse, and present evidence that supports your position. If the other parent has already requested relocation, we can act quickly to protect your custody rights and the relationship you have with your child. We also help negotiate practical parenting schedules when the court approves a relocation.
Trust the experienced child attorneys at Gusty Sunseri & Associates, P.C., to protect your custody rights and your family’s future. Call now or complete our contact form for a free consultation.