• Get approval before you start packing in Pennsylvania.woman packing/unpacking boxes during a relocation. image by T.Tulic from Fotolia.com
  
  Many times a custodial parent living in Pennsylvania receives a job offer out-of-state or wishes to move out-of-state for other personal reasons. It is important to remember that unless your divorce decree specifically authorizes a move out-of-state, you are under court orders that include a parenting plan and visitation schedule with the minor children. As such, a parent cannot simply decide to move out-of-state without consulting the non-custodial parent.
  
  

General Rule

• If you are the custodial parent in Pennsylvania and you wish to move out of the state with the children, you must either get permission from the non-custodial parent or from the court if the non-custodial parent does not agree to the move. If the non-custodial parent agrees then you may file an agreed modification of the divorce decree and/or parenting plan with the court. If the non-custodial parent does not agree you will need to petition the court.
  
  

Considerations

• The court will consider three things when deciding whether to grant your request to relocate with the children. First, the court will consider whether the move will substantially improve the quality of life for you and your children. Second you must demonstrate your motive for the move is not one of spite or whimsy. Finally, you must show that there is a realistic visitation arrangement that will allow the non-custodial parent to continue to maintain a relationship with the children.
  
  

Procedure

• If the non-custodial parent does not agree to the move, you must file a relocation petition with the court. A sample petition can be found on the Philadelphia Court's website. The court will then set a rule to show cause hearing you must attend. At the hearing you must convince the court the move is in the best interest of the children keeping in mind the three considerations listed above.