Parent Relocation

Moving out of Pennsylvania with the Children

Seeking or Challenging Parent Relocation Petitions

A parent with primary physical custody wishing to relocate outside of Pennsylvania must get court approval and give the partial custody parent an opportunity to object in a formal hearing. These cases can be emotionally charged and complex. you should consult a lawyer experienced in child custody and relocation petitions.

Call for a free consultation 215-253-3855, toll free 1-877-223-0579, to protect your rights and assert your interests.

The Law Office of Lawrence J. Avallone represents either party in these proceedings. Our Philadelphia family law attorneys have represented hundreds of clients in custody disputes and custody modifications in the greater Philadelphia area and southeast Pennsylvania.

Relocating to Another State or County

Due process requires a full evidentiary hearing either before, or within a reasonable time after, a child is removed by one parent to another state or county away from the other parent. This evidentiary hearing is called a "Plowman hearing" after the case (Plowman v. Plowman) that established the a three-prong test for a parent seeking to take the children out of state (or out of the U.S.):

1. The move must improve the quality of life for the parent and serve the best interests of the child. (A new job or a remarriage are not sufficient reasons of themselves, but moving back home to be near a family support network might be.)

2. The motives must be pure. The primary parent cannot relocate out of spite or to separate the children from the other parent.

3. The non-custodial parent must be enabled to continue a relationship with the child.

Filing a child relocation petition ("Plowman petition") typically involves a modification to the partial custody arrangement. To offset the loss of regular time spent with a son or daughter, the non-custodial parent may be granted custody of the child for the whole summer and holidays and school breaks, for example. The primary parent may also have to provide or share travel costs to enable visitation, and child support obligations may be reduced.

• Relocating within Pennsylvania is usually allowed without a relocation hearing.
• Relocating to New Jersey may not require a Plowman hearing if the distance would not create a hardship for the partial custody parent.
• Relocation to another country depends on whether that nation adheres to the Hague Convention (i.e., recognizes U.S. custody laws under international treaty).

Mr. Avallone is well versed in child custody laws of Pennsylvania and has more than 25 years of experience in family law issues. He can strongly advocate for you and help you negotiate terms the court will accept. Call the Law Office of Lawrence J. Avallone at 215-253-3855, toll free 1-877-223-0579, to arrange a free initial consultation.

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