Q: Never married couple. Is mother allowed to move over hours away and enroll child into diff. school w/o father permissio?

A: What does the custody order say? Most custody orders provide a clause that neither party can relocate or substantially impair the ability of the other parent to see the child. Review your custody order and determine whether her moving is actionable or not. If it is you can pursue a court remedy.

If, however, you do not have a custody order, well then of course its legal. Why wouldn't it be. You and she have equal rights to the child and to make the decisions for the child. The reason people get court orders on custody is so that the other parent can't act unilaterally. If you don't have a custody order you need to consult with a local family law attorney who can help see if you have any remedies based on the facts of your specific situation.

A: I respectfully disagree with my colleague that permission is not needed. In accordance with Rule 1915.17. Relocation. Notice and Counter-Affidavit see below. Permission is needed from the other parent or the Court.

(a) A party proposing to change the residence of a child which significantly impairs the ability of a non-relocating party to exercise custodial rights must notify every other person who has custodial rights to the child and provide a counter-affidavit by which a person may agree or object. The form of the notice and counter-affidavit are set forth in subdivisions (i) and (j) below. The notice shall be sent by certified mail, return receipt requested, addressee only or pursuant to Pa.R.C.P No. 1930.4, no later than the sixtieth day before the date of the proposed change of residence or other time frame set forth in 23 Pa.C.S. § 5337(c)(2).

(e) If the party proposing the relocation seeks an order of court, has served a notice of proposed relocation as required by 23 Pa.C.S. § 5337, has not received notice of objection to the move and seeks confirmation of relocation, the party proposing the relocation shall file:

(1) a complaint for custody and petition to confirm relocation, when no custody case exists, or

(2) a petition to confirm relocation when there is an existing custody case and

(3) a proposed order including the information set forth at 23 Pa.C.S. § 5337(c)(3).

(f) If the party proposing the relocation has received notice of objection to the proposed move after serving a notice of proposed relocation as required by 23 Pa.C.S. § 5337 et seq., the party proposing relocation shall file:

(1) a complaint for custody or petition for modification, as applicable;

(2) a copy of the notice of proposed relocation served on the non-relocating party;

(3) a copy of the counter-affidavit indicating objection to relocation; and

(4) a request for a hearing.

Even without a custody order, both parents still have custodial rights and the default is equal custodial rights. It would behoove you to consult with a local attorney to ensure that you are in compliance with the Rules and Procedures for Relocation.