Even when parents live near each other, co-parenting conflicts are inevitable. Those issues are magnified when one parent proposes to move away with the children. It can be tense and highly disputed.

Testa & Pagnanelli, LLC, will forcefully assert your parental rights while exploring a realistic solution for your family. Practicing exclusively as family law attorneys, we have extensive experience with child custody disputes, including parent relocation.

We represent either parent in petitioning the court to relocate or challenging the petition. From our offices in Philadelphia and Norristown, we take cases in Montgomery County, Bucks County and throughout Greater Philly. Contact us today for a free consultation.

Protect Your Parental Rights – Whether you’re seeking to relocate or fighting to keep your child close, we’re here to help. Contact us today at (610) 365-4733 for a free consultation.

Montgomery County Child Relocation Attorney

If you are the relocating parent, you have the burden of persuading the court to grant relocation. The procedures for filing and giving notice are very strict and the court may order the child back to Pennsylvania if a parent moves away without first obtaining the court's consent.

The judge considers 15 statutory factors in granting or denying relocation, including the motive for moving, new employment, and proximity to extended family. The court's bottom line is whether the move is in the best interests of the child. It is critical to hire a lawyer who knows the protocols and how to present compelling arguments.

If you are the noncustodial parent, you cannot take anything for granted. You need a lawyer's help to demonstrate a bad faith motive or convince the court that the move would be detrimental to your child or your parental rights. Is the other parent moving to alienate you from your son or daughter? What opportunities, what support and what quality of life will your child have in the new locale?

Depending on the circumstances, relocation disputes may qualify for emergency custody proceedings.

Legal Considerations for Parental Relocation

Relocating with a child is a complex legal process in Pennsylvania. Whether you are the parent requesting the move or the one opposing it, understanding the laws is crucial.

• Pennsylvania’s Relocation Laws – State law requires a parent who wants to relocate to provide notice to the other parent and obtain court approval if the move significantly impacts custody.
• 15 Statutory Factors Considered by the Court – The judge evaluates multiple factors, including:
  • The reason for the move
  • The impact on the child’s education and social life
  • The ability to maintain relationships with both parents
• Best Interests of the Child – The court’s primary concern is ensuring that the move benefits the child emotionally, educationally, and socially. A strong case must be built around these factors.

Process of Filing for Relocation in Montgomery County

If you plan to move with your child, you must follow strict legal procedures to avoid legal disputes.

• Filing a Relocation Petition – The relocating parent must submit a formal request to the court, explaining the reasons for the move and how it will affect the child.
• Providing Notice – A written notice must be sent to the non-relocating parent at least 60 days before the intended move, including details such as the new address and a proposed revised custody schedule.
• Court Procedures & Deadlines – If the other parent objects, the case will go to a hearing where both sides present arguments. Missing deadlines or failing to follow procedures could result in the court denying the relocation.

How to Challenge a Parental Relocation Request

If you are the non-relocating parent and believe the move is not in your child's best interest, you have the right to challenge it.

• Legal Strategies for Opposing Relocation – Demonstrating how the move would negatively impact your child’s well-being and your ability to maintain a strong relationship.
• Proving Bad Faith or Harm – If you suspect the other parent is moving to limit your involvement, you may need to prove that the relocation is motivated by personal gain rather than the child’s best interests.
• Gathering Evidence – Presenting school records, family ties, and expert testimony to show that staying in the current location is best for the child.

Moving Out Of State With A Child · Negotiation And Litigation

We have prevailed on both sides of contested proceedings for parent relocation. If you are fighting to stay involved in your child's life, we will advocate fiercely for you. If you have good reasons to relocate, we will diligently represent you in family court.

By mutual agreement or upon ruling of the court, we have also helped clients resolve existing custody orders and parenting plans as they relate to relocation: summer vacation and holidays, travel logistics and expenses, contact and communication, adjustment of child support and joint legal custody (shared decision-making).

Frequently Asked Questions (FAQ) About Parental Relocation

Can I move with my child without the other parent’s permission?

• No, if the move significantly impacts the custody arrangement, you must either get the other parent’s written consent or obtain court approval before relocating. Moving without following legal procedures could result in serious legal consequences.

How does the court determine if relocation is in the child’s best interest?

• The judge considers several factors, such as the child’s relationship with both parents, educational opportunities, emotional stability, and how the move will improve the child’s quality of life.

What if the other parent refuses to allow the move?

• If the non-relocating parent objects, the court will hold a hearing where both sides present arguments. The judge will then decide based on what is best for the child.

Can a relocation case be resolved without going to court?

• Yes, in some cases, parents can negotiate a new custody arrangement through mediation. If both parties agree, they can submit a modified custody plan to the court for approval.

What happens if I don’t respond to a relocation notice?

• If you do not object within the required timeframe (usually 30 days), the court may assume you consent to the move, making it more difficult to challenge later.

How long does the relocation approval process take?

• It depends on the complexity of the case. If both parents agree, it can be resolved quickly. If there is a dispute, it may take several months for the court to reach a decision.

Can the court deny my relocation request even if I have a valid reason to move?

• Yes, even if you have a legitimate reason, the court can deny relocation if it determines that the move would negatively impact the child’s relationship with the other parent or disrupt their stability.

Philadelphia Parental Relocation Attorney

Need Legal Guidance on Relocation? – Don’t navigate this complex process alone. Contact us at (610) 365-4733 to discuss your case with an experienced attorney.