What if I want to Relocate with my Child but the Other Parent does not want to Leave our Hometown?

In Pennsylvania, the law states that no relocation shall occur unless

(1) Other individuals with custody rights consent; or

(2) The Court orders that the relocation is permissible. The full statute can be read here.

These relocation matters tend to be the most difficult of custody cases - if a child's parents live in two different locations, the parent/child relationship will be forever altered. The Superior Court of Pennsylvania recently decided a matter between two doctors in Pennsylvania who divorced but shared custody of their children, who were elementary school age. One of the children has autism. The mother received and accepted an employment offer to move to Florida. The father objected to the move and the Court denied the mother's relocation request and ordered that she share custody during the summer but she must come to Pennsylvania to exercise the custody time. The mother appealed. The Superior Court affirmed the trial court in a non-precedential decision. These types of decisions have special rules as to how they can be used or cited.

The case provides a detailed analysis of the relocation law in Pennsylvania and the broad discretion given the trial court in hearing testimony and making decisions. You can read the full decision

.