Author: Michael C. Rovito
Let’s answer the next question I often hear:
How does a judge decide whether a parent can relocate with a child?
The answer isn’t as simple as whether the move is for a better job or to be closer to family.
Under Pennsylvania law, courts must evaluate 10 specific relocation factors, all through one lens: What is in the child’s best interest?
Some of the questions the court will consider include:
What kind of relationship does the child have with each parent, siblings, and other important people in their life?
How will the move affect the child’s emotional, educational, and developmental needs?
Can the relationship with the non-relocating parent realistically be preserved through a modified custody schedule?
If the child is old enough and mature enough, what are their wishes?
Has either parent encouraged—or interfered with—the child’s relationship with the other parent?
Will the relocation improve the quality of life for the parent seeking to move, and will those benefits also improve the child’s quality of life?
What are each parent’s motivations for supporting or opposing the relocation?
Are there any safety concerns or a history of abuse that the court must consider?
And finally, are there any other facts that affect the child’s best interests?
One important point that often surprises people is that the parent seeking to relocate has the burden of proving that the move is in the child’s best interest.
No one factor automatically determines the outcome. Every relocation case is unique, and the court must carefully weigh all of the evidence before making a decision.
If you’re considering relocating with your child—or you’ve received notice that the other parent intends to relocate—it’s important to understand both your rights and your responsibilities before taking the next step.
If you have questions about relocation, custody, divorce, or support matters, the Family Law team at MacElree Harvey, Ltd. is here to help. We’re committed to providing practical guidance and experienced representation tailored to your family’s unique circumstances. Contact Michael C. Rovito at (610) 840-0241 or MRovito@macelree.com to schedule a consultation.
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