Responsive Representation

Restoring Hope

Attorneys Dedicated To Calming The Crisis
  1. Home
  2.  → 
  3. Child Custody
  4.  → Can I move my child out of state if I have shared custody?

Can I move my child out of state if I have shared custody?

On Behalf of | Jun 21, 2019 | Child Custody | 0 comments

A new move is an exciting new adventure, albeit a complicated one when you share custody with your former spouse. As a Pennsylvania resident, you cannot relocate to a place that will impair the other parent’s ability to see his or her child. While there are no laws that specifically mention interstate travel, it is safe to assume that by leaving the state or relocating too far from the child’s other custodial parent within the state has strict requirements.

Now, this does not mean that you cannot move. It simply means that you have to follow the guidelines in order for a judge to approve the relocation. In order to relocate, you have to advise the other parent and you have to receive consent to move the child.

According to Pennsylvania law, you have to notify the other party in advance. You must send the notice through certified mail and you must request a return receipt. The law states that you cannot give the notice any later than the 60th day before the date of relocation. Say that you nailed a new job out of state but only have a few weeks to move. In this case, it is not reasonable for you to give a 60-day notice. The law has exceptions for these situations. If you did not have advance notice, you must notify the other party within 10 days of discovering you have to move.

If the other parent opposes the relocation, then there will be a court hearing. In this hearing, the court analyzes several factors and will either approve or deny the relocation.

This information provides general facts about custodial law but you should not interpret it as legal advice.



FindLaw Network