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Moving Out of State With Your Child: Pennsylvania’s Relocation Custody Law | Sebald, Hackwelder & Knox
Family Law

Moving Out of State With Your Child: Pennsylvania’s Relocation Custody Law

Sebald, Hackwelder & Knox, Family Law Team 3 min read

Key Takeaways

  • Relocation law applies any time a move would substantially impair the other parent’s ability to see the child, not only out-of-state moves.
  • You are required to give the other parent formal written notice before relocating.
  • The other parent has the right to object, and if you cannot agree, a judge decides.
  • Moving without following this process can result in a court order requiring you to return, or a revised schedule that works against you.
  • Every Pennsylvania custody order should already spell out the relocation notice requirements.

What Counts as a “Relocation”

Under Pennsylvania law, a relocation is any change in residence that substantially impairs the other parent’s ability to exercise their custodial rights. That is broader than most people expect. It is not limited to moving out of state. Moving to a new school district or a different county can qualify if it meaningfully affects the other parent’s time and access.

The Relocation Notice Process

Before relocating, Pennsylvania law requires the moving parent to give the other parent formal written notice well in advance, including details about the new location and the reason for the move. That gives the other parent an opportunity to object.

If the parents cannot agree, the matter goes back before a judge, who decides based on the child’s best interest, weighing the reason for the move, the distance involved, and whether the existing relationship with the other parent can realistically be maintained.

What Happens If You Move Without Permission

Relocating without going through this process carries real risk. Courts have the authority to order the child returned, and even short of that, an unauthorized move can result in a revised custody schedule that puts more of the driving and logistical burden on the parent who moved.

Frequently Asked Questions

You still need to follow Pennsylvania’s relocation notice process regardless of which parent has more custody time. The other parent retains the right to object.

Pennsylvania law requires written notice sent well in advance of the proposed move, including specific information about the new location and the reason for moving.

If both parents agree, you can generally proceed without returning to court, though it is still smart to document the agreement formally through an updated order.

Yes. Courts have the authority to order a child’s return or to adjust the custody schedule to account for the unauthorized move.

Thinking about relocating with your child?

Talk to our family law team before you make a move.