- On Behalf of Topinka Law
- Child Custody
Yes, Pennsylvania law allows shared physical custody even if parents live in different states. In shared physical custody arrangements, both parents spend significant time with the child, but a 50/50 split isn’t guaranteed. If one parent lives far away, the court will look at whether an equal split actually makes sense. The law doesn’t set a distance limit on shared custody arrangements, but it does require parents to follow relocation laws if they move far enough away that it could affect parenting time. The child’s well-being always comes first in these cases.
How the Court Decides What’s in the Child’s Best Interest
The court considers multiple factors to determine what kind of custody arrangement will work best for a child, including:
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How close the parents live to each other
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Each parent’s caregiving history
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How well the parents work together
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The child’s daily needs and school stability
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How custody exchanges would affect the child’s routine
The court aims to keep the child’s life as stable as possible. If parents don’t live near each other, a 50/50 schedule might not be in the child’s best interest.
What Counts as a “Relocation” in Pennsylvania?
A move counts as a “relocation” in Pennsylvania if it makes it harder for the non-relocating parent to exercise their custody rights. Moving to another state almost always qualifies. If a parent plans to relocate with a child, they must send a written notice to anyone else with custody rights. This notice must follow strict rules and provide details about the move. If the other parent objects, the court will schedule a hearing. The move can’t happen unless both parents agree or the court approves it.
Can a Judge Approve 50/50 Custody If One Parent Is Out of State?
Yes, but it’s rare. Judges will only approve a 50/50 schedule with an out-of-state parent if the setup works for the child. The court must believe the child can handle the travel and maintain a stable routine. That might work during summer or long school breaks, but judges may deny these plans if the distance would make regular exchanges difficult. If one parent can’t handle the transportation, or the schedule would disrupt school, the court will likely choose a different setup that better meets the child’s needs.
What If the Parents Agree on a 50/50 Schedule?
Even if both parents agree on a 50/50 custody plan, the court must still review it. The judge needs to confirm that the schedule works for the child, not just for the parents. If the parents live far apart, the court will check whether the travel time and logistics make sense. Even a signed agreement won’t get approved if it causes too much disruption or puts stress on the child. A custody lawyer can help parents draft detailed agreements and present strong cases to the court that show why a proposed 50/50 schedule serves the child’s best interests.
How Virtual Custody Time Can Support Out-of-State Parents
Video calls and other forms of virtual contact can help out-of-state parents stay involved in their children’s lives. Judges are increasingly adding provisions for virtual contact to custody orders when regular in-person time isn’t possible. A parent might use video chats to help their child with homework, attend school events online, or read bedtime stories. These tools don’t replace in-person visits, but they can allow parents to maintain healthy bonds with their kids in between visits. The court may expect parents to set clear times for these calls and make sure children have access to the right technology.
Discuss Your Case with a Custody Attorney in State College
If you’re dealing with a custody issue that spans multiple states, contact Topinka Law now to discuss your options. We handle custody matters across Center, Clinton, Huntingdon, Clearfield, Blair, and Lycoming Counties from our office in State College. Get started with your initial consultation today to receive clear guidance and a legal strategy that puts your child first.