What if I want to relocate with my children?

When you are co-parenting, there are many decisions you cannot make without the approval of your co-parent. One of these is relocation.

Generally, if you are moving within the same town or school district that your child attends, you do not need your co-parent’s permission if the move will not affect your custody schedule.

However, Pennsylvania law requires you to request court approval if your relocation would significantly impair your co-parent’s custodial rights.

Petitioning to relocate

You must file a petition to relocate and modify the custody schedule with the court that your current custody order is through. You will eventually be scheduled for a hearing.

The hearing is the chance to present your evidence as to why the relocation is in the child’s best interest. A court considers several factors when deciding whether to permit the relocation. Some of these factors include:

• The reason for the move
• The impact on the child’s relationship with your co-parent
• How the move will affect your child’s wellbeing

The reason for the move can make a major difference in the court’s decision. Typically, you have a better chance of having your request approved if the reason for your move is one that will have a positive effect on you and your child’s long-term stability.

For example, a job opportunity that offers stable, lucrative employment in your career field is likely to be viewed as a better reason by a court than relocating because of a new relationship.

Likewise, if you have no specific reason for the move, but simply want to experience a new place, a court might not consider this a valid reason if it makes it more difficult for your child to see their other parent.

Proving your case for relocation

Be prepared to provide evidence for your reason for relocation. If you testify that you were offered a job, have documentation showing the job offer that confirms details such as the location and salary.

A court will also examine the availability of alternative custody schedules. Bringing a proposed custody schedule to your hearing that shows how your relocation continues to maximize your co-parent’s time with the child increases your chance of approval.

Winning a relocation hearing can be difficult

The hard truth is that it is often an uphill battle to get a relocation request approved. The law presumes that a child’s best interest is served by spending as much time possible with both parents. When parents live a significant distance away from each other, it is harder for a child to spend an equal amount of time with each parent.

Your chances of having a relocation request approved could increase if you do not share custody with your co-parent or you already assume most of the responsibility of caring for your child. A court may be less reluctant to grant a relocation request if the other parent is voluntarily playing a minor role in the child’s life.

Before filing the petition to relocate, talk with your co-parent about the proposed relocation and the reasons. If your co-parent agrees to modify the custody schedule to incorporate your relocation, you can draft a new custody agreement and file with the court.

If your co-parent opposes the move, it is time to file the relocation petition, since you are legally prohibited from moving without the court’s approval.