Legal Question in Family Law in Pennsylvania

Re: my sister is planning on moving out of state

Even if there is no custody order in place. The father of the children could petition the court to put one in place. Further, even with out an order he could petition the court to bar the move. Until the children have lived in another state for 6 months Pennsylvania courts would have jurisdiction.

The standard used in custody cases is the best interest of the child. In cases where one parents want to move the children either out of state or to a distant part of the state the court applies the "Gruber Factors" this is a multi part test that has evolved from case law. It examines if the moving parent would be better off financial as well as the motive for the move and the ways the non custodial parent may have contact with the child. Note that's the nutshell versions of the Gruber Factor's. There's a lot more to the factors.

Also the outcome of custody matters is highly dependent on the facts of the case.

If you have any questions feel free to contact me. The initial consultation is free.

{John}