Legal Question in Family Law in Pennsylvania

Re: my son

Even without a custody order in place the child's father could challenge the out of state move. However, having a custody order in place would help your cause. It would also be the basis for obtaining child support.

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

{John}

Re: my son

A difficult question because the answer depends upon the other parent's reaction. If the father doesn't care whether you leave and will do nothing to prevent it you should be able to move. On the other hand if he does care; and especially if he sees his son a lot and helps to raise him you are likely to need a court's permission first, because if you simply leave the father can go to court, file for custody and get an order returning the child until custody has been decided.

In Pennsylvania the non-custodial parent (you are the de facto custodial parent) has a right to a hearing before the custodial parent moves the child out of the state. This is the case whether there is a written custody order or not.