Moving Out of State With Children While Still Married
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 19, 2026
Legal Inquiry
Consumer Legal Issue
I want to move States with my kids without their mother.
No. We are still married. So we don't have any legal custody agreement.
Attorney Answer
Even though you and your children's mother currently have equal, informal parental rights with no custody order, moving out of state with your children without her agreement carries real legal risk — Pennsylvania requires you to give her advance written notice of the move, and if she objects, to get court approval before you go.
Under Pennsylvania Consolidated Statutes § 5337, a parent must provide advance notice before relocating with a child in a way that would significantly impair the other parent's custodial rights — and if the move is contested, court approval is required — even when no custody order currently exists. Having no formal agreement does not mean there is no legal restriction on relocating; the notice requirement applies regardless.
What you can do:
1. Do not move the children out of state before addressing this — moving first can be used against you in a later custody proceeding and may result in a court ordering the children returned.
2. Try to reach a written agreement with the children's mother about the move, including her consent or objection.
3. If she objects or won't agree, file for custody and relocation approval with a Pennsylvania court before moving, rather than moving first and sorting it out afterward.
4. Consult a local family law attorney now to make sure any required notice is given properly and to protect your position if the move becomes contested.
⏱ Time limits apply. Pennsylvania Consolidated Statutes § 5337 requires advance written notice before relocating with a child whenever it would significantly impair the other parent's custodial rights, even without an existing custody order — moving without giving that notice first can be held against you later, so confirm the required notice and timing with an attorney before you make any move.
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Frequently Asked Questions
Can a parent move out of state with children if there's no custody order?
Not necessarily freely — in many states, a parent must still provide advance notice before relocating in a way that would significantly impair the other parent's rights, even without an existing order.
What happens if a parent moves without giving required notice?
Generally, moving without proper notice can be used against that parent in a later custody proceeding and may result in a court ordering the children returned.
What should a parent do if the other parent objects to a planned relocation?
Generally, filing for custody and relocation approval with a court before moving is advisable when the move is contested.
