Custody and Relocation in Pennsylvania

One issue that often arises in child custody is whether one parent may move their residence with the child. The answer is it depends on whether said move would qualify as a relocation. Pennsylvania custody law defines a relocation as a move that substantially affects the custody rights of the other parent. A parent must get written approval from the other parent, or court approval, before relocating, otherwise the parent moving away risks losing custody rights to their child.

There is no bright line rule as to what is a relocation, it depends on the circumstances. For example, if the parents live in the city, and one parent moves five miles away out of the city outside where public transportation goes, and the other parent relies on public transportation to get the children from the other parent, this would probably be found to be a relocation. Alternatively, say the parents live in a rural area like myself, and both parents have a vehicle, a five mile move by one of the parents probably would not be a relocation.

The custody relocation law applies regardless if a custody case has been filed. Therefore, it imperative that if you are a parent and considering moving away, or moving your residence away from the other parent, it is imperative you seek legal counsel first to avoid losing your right to see your children.