Relocating With a Child in Pennsylvania

What counts as a relocation

A relocation is a change in a child’s residence that significantly impairs the ability of a nonrelocating party to exercise custodial rights (23 Pa.C.S. § 5322(a)). No relocation may occur unless every individual who has custody rights to the child consents, or the court approves it (§ 5337(b)).

Giving notice

The party proposing the move must notify every other individual who has custody rights. Notice goes by certified mail, return receipt requested, no later than the 60th day before the proposed move, or no later than the tenth day after you learn of it if you could not reasonably have known in time for 60 days’ notice and the move cannot reasonably be delayed (§ 5337(c)(2)). The rule adds that the certified mail is addressee only, or you may serve under Rule 1930.4 (Pa.R.Civ.P. 1915.17(a)).

If available, the notice must include the new address and mailing address, the names and ages of everyone who will live there, the phone number, the new school district and school, the date of the move, the reasons, and a proposed revised custody schedule, along with a counter-affidavit the other party can use to object and a warning about the 30-day deadline (§ 5337(c)(3)). Information protected under § 5336, such as an abuse victim’s address, is handled under that section. If you learn more later, you must promptly pass it on (§ 5337(c)(4)).

The statewide forms are Form 8, Notice of Proposed Relocation with Court Case, Form 9, Notice of Proposed Relocation Without Court Case, and Form 10, Counter-Affidavit Regarding Relocation, which must be sent with the notice.

Objecting

To object, the other party completes the counter-affidavit, which is verified subject to 18 Pa.C.S. § 4904, and serves it on the proposing party by certified mail, return receipt requested, addressee only, or under Rule 1930.4, within 30 days of receiving the notice. If there is an existing custody case, the counter-affidavit is also filed with the court (Rule 1915.17(b)). The statute itself speaks of filing the objection with the court within 30 days of receiving the notice (§ 5337(d)(2)), while the rule ties filing to an existing case, so read both and check your county’s practice. The counter-affidavit lets you say separately whether you object to the move and whether you object to changing the custody order.

Which papers go to court

• No objection. Before moving, the proposing party files an affidavit that notice was given and no objection was filed, proof of notice (the signed return receipt and the full notice sent), a petition to confirm the relocation and modify any custody order, and a proposed order (§ 5337(e)). If there is no custody case yet, a complaint for custody is filed with the petition to confirm (Rule 1915.17(e)).
• Objection received. The proposing party files a complaint for custody or petition for modification, a copy of the notice, a copy of the counter-affidavit, and a request for a hearing (Rule 1915.17(f)). If the proposing party does not, the objecting party may file a complaint for custody or petition for modification, the counter-affidavit, and a request for a hearing (Rule 1915.17(g)).
• No notice at all. A party who was never served with notice and wants to stop a move files a complaint for custody or petition for modification, a statement of objection to relocation, and a request for a hearing (Rule 1915.17(h)).

The hearing

After a timely objection, the court must hold an expedited full hearing before the move happens, unless it finds exigent circumstances and approves the move pending that hearing (§ 5337(g)). Relocation cases are expedited, and parenting education or mediation is not required before the hearing (Rule 1915.17(d)). If a party moves with the child before the hearing, the court may not give any presumption in favor of the relocation (§ 5337(l)).

The court considers these factors, giving weighted consideration to those that affect the child’s safety (§ 5337(h)):

1. The nature, quality, extent of involvement, and duration of the child’s relationships with each party, siblings, and other significant people.
2. The child’s age, developmental stage, and needs, and the likely impact of the move on the child’s development.
3. Whether the relationship with the nonrelocating party can be preserved through suitable custody arrangements, considering logistics and finances.
4. The child’s preference, considering age and maturity.
5. Any established pattern of either party promoting or thwarting the child’s relationship with the other party.
6. Whether the move will enhance the general quality of life for the relocating party.
7. Whether the move will enhance the general quality of life for the child.
8. Each party’s reasons and motivation.
9. Present and past abuse by a party or household member and any continued risk of harm.
10. Any other factor affecting the child’s best interest.

The party proposing the move has the burden of showing it serves the child’s best interest under these factors, and each party has the burden of showing the integrity of their motives (§ 5337(i)).

Moving without proper notice

The court may treat a failure to give reasonable notice as a factor in the relocation and custody decisions, as a basis for ordering the child’s return, as cause to award the objecting party reasonable expenses and counsel fees, and as a ground for contempt (§ 5337(j)). That consideration is subject to mitigation if the failure was caused in whole or in part by abuse (§ 5337(k)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• 23 Pa.C.S. § 5322, definition of relocation
• 23 Pa.C.S. § 5337, relocation
• 23 Pa.C.S. § 5336, access to records and confidential information
• Pa.R.Civ.P. 1915.17, relocation notice and counter-affidavit
• Pa.R.Civ.P. 1930.4, service of original process