Philadelphia, PA asked in Child Custody for Pennsylvania

Q: can i move out of state with my children if there is no custody agreement

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1 Lawyer Answer
Karen Ulmer Pendergast
Karen Ulmer Pendergast
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Answered
  • Divorce Lawyer
  • Langhorne, PA
  • Licensed in Pennsylvania

A: Even if there is no custody agreement, you still must follow the rules of relocation or you may be faced with a petition to return the children to the state and possibly and interim order giving the other parent custody until a hearing can be held. Unless the other side agrees to the move, you must wait until you have your hearing. That being said, there is nothing illegal per se in moving (meaning it is not criminal unless you fail to provide an address) and if the other side does not care and does not do anything you are not breaking a law by moving but it is best to follow the relocation as you are risking a civil action to return the children and you could lose custody in the interim.

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