Legal Question in Family Law in Pennsylvania

What is the Relocation Law???

As breifly as possible, I have done quite a bit of research and I am unable to find WHERE it states in the law whether I cna relocate as a custodial parent with the children without petitioning the court first. I want to know if I move if I will be in contempt. My court order states nothing about relocation. There are county guidelines attached which state nothing about relocation. I looked in the PA Consolidated Statutes and it sinply said that relocating outside of the state was just cause for either party or the court to re-evaluate custody.

I looked in caselaw Pullman v Pullman which additionally stated that when either party petitioned the court to mvoe or prevent the move that a hearing was to be done using Gruber standards on moving.

But if I am willing to keep the SAME visitation with the SAME transportation as stated in MY court order and I relocate out of state, am I in contempt? What is PA law on this? And if PA law states I need courts permission to move, WHERE does it state that? Case Law is NOT something the average citizen would be aware of.


Asked on 6/12/02, 3:50 pm

1 Answer from Attorneys
William L. McLaughlin, Jr. McLaughlin Law Offices

Re: What is the Relocation Law???

You have done your research and that is good.

From the fact that you are not altering the visitation

I would say that you do not need the court's permission.

However, I would check on jurisdiction issues. The custody jurisdiction is

based on where everyone lived. Taking the child out

of the jurisdiction may eventually effect the jurisdiction

of the Court. However, if you agree to the Court's jurisdiction

I don't think there should be any problem.

From your question it appears that someone has

told you that you need a change in your order. I would

have to agree that there is no authority for that

proposition if there is no actual change in visitation.

Good luck. Bill McLauglin. 610-644-4545

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Answered on 6/12/02, 5:58 pm


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