Can I Move from PA to NJ If My Settlement Says Not to Move Out of State?

If your parenting plan states that you cannot move out of Pennsylvania, attempting to relocate to New Jersey, or any other state for that matter, without legal approval can have serious consequences. When in this situation, lean on legal expertise. Talk to a Bucks County family attorney about custody laws before making any final decisions.

 PA and NJ Relocation Laws

Both Pennsylvania and New Jersey have specific laws governing child custody and relocation. While both states prioritize the best interests of the child, their approaches differ.

In Pennsylvania, if you have a custody agreement and wish to relocate with your child outside of the state (or even within the state if it significantly impacts the other parent’s custody rights), you must follow a legal process, which includes:

• Providing formal notice. You must notify the other parent in writing at least 60 days before the intended move or as soon as possible if unforeseen circumstances arise.
• Obtaining consent or court approval. If the other parent consents, the relocation can proceed. If they object, a court hearing is required.
• Court considerations. A judge evaluates factors such as the child’s relationship with both parents, educational opportunities, and the child’s preference (if mature enough).

New Jersey also has strict relocation laws, particularly for parents who share custody. If you are subject to a joint custody arrangement, moving out of state will require the other parent’s consent. If the other parent objects, a will court applies the best interests of the child standard, similar to Pennsylvania. However, New Jersey has historically been more restrictive in allowing relocations that could negatively impact the non-relocating parent’s custody rights.

Legal Challenges for Parents Moving from PA to NJ

Even though Pennsylvania and New Jersey are neighboring states, moving across state lines is still considered an out-of-state relocation. If your settlement specifically restricts such a move, you will need to seek a modification of your custody agreement.

Then, potential legal challenges include proving that the relocation benefits the child more than it disrupts the relationship with the non-relocating parent and demonstrating a legitimate reason for the move. Often a valid reason is a job opportunity, better educational options, or family support. It is also possible you will need to overcome objections from the other parent, who may argue that the move harms their relationship with the child.

Bring all of your questions and concerns to a Bucks County family attorney. Lawyers can inform you of ways to strengthen your position. This is essential, because if your settlement restricts out-of-state moves, attempting to relocate without proper legal action can lead to serious consequences, including loss of custody.

Is the possibility of an out-of-state moving causing you stress? Parents who have agreed to certain parenting plan terms should talk to a legal expert before making any big life changes. The skilled legal team at Kevin L. Hand, P.C. can help you navigate the legal system, negotiate with the other parent, and advocate for your child’s best interests in court. Call 215-968-6602 today.