Legal Question in Family Law in Pennsylvania

Relocating with custody order

I have a custody order which states that in May, my sons father can have 50/50 custody. I am planning on relocating to Florida with my son, and would like to know if there is any legal ramifications that I would face by leaving.

My sons father and I have a very volital relationship, and I need to get away from him before something bad happens. I am not trying to take my son away from him, but I think for my best interest and my sons, it would be better for me to relocate to an area where my family is. My mom lives there in Florida, and has given me the opportunity to move in with her until I can get situated. I really feel that for my employment, mental, and emotional needs, that this would be the best for me and my son.


Asked on 4/06/06, 4:39 pm

1 Answer from Attorneys
Paul Stacom Law Offices of Paul J. Stacom

Re: Relocating with custody order

In order to relocate out of the state, you will have to file a special motion with the court requesting permission to do so and state why it is in the child's best interests and how the father would make up the time lost by the move. You would also have to file a petition to modify the current order. If you leave without permission, he can obtain an emergency order, directing that the child be returned to PA. The local and federal authorities in Florida would enforce the order.

As it is a complicated procedure, please contact me if you would like to schedule an appointment to further discuss. I have several office locations.

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Answered on 4/06/06, 6:13 pm


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