Relocation matters frequently arise within or alongside divorce proceedings. These matters are considered on a case-by-case basis. Contact Scott Levine directly to discuss your specific situation.
Pennsylvania's Relocation Statute
Pennsylvania has a specific statutory framework governing relocation, which the statute defines as a change in a child's residence that significantly impairs the ability of a non-relocating party to exercise custody rights. The statute applies regardless of whether the proposed move is near or far; what matters is whether it significantly affects the existing custody arrangement.
The Notice Requirement
A parent who wishes to relocate with a child must provide advance written notice to every other person with custody rights, sent by certified mail at least 60 days before the proposed relocation. The notice must include the proposed new address, the reasons for the relocation, and a proposed revised custody schedule. Failure to provide proper notice is a serious procedural violation that can result in sanctions and damage the relocating parent's custody position.
The Objection Process
A parent who objects must file a counter-affidavit within 30 days of receiving the notice. Absent a timely objection, the relocating parent must still file with the court, before relocating, an affidavit confirming notice and the lack of objection, proof of notice, a petition to confirm the relocation, and a proposed order. If an objection is filed, neither party may relocate with the child until the court resolves the dispute, either through agreement or after a hearing.
The Relocation Factors
The relocating parent bears the burden of establishing that the relocation is in the child's best interests. Courts apply a specific multi-factor test including:
- The nature and quality of the child's relationship with each party
- The age, developmental stage, and needs of the child
- The feasibility of preserving the non-relocating parent's relationship through alternative arrangements
- Whether the relocation will enhance the general quality of life for the child and relocating parent
- The reasons for each party's position and any history of abuse
- Whether either party has an established pattern of conduct to promote or thwart the child's relationship with the other party, and the reasons and motivation of each party for seeking or opposing the relocation
- The child's preference, given appropriate weight for age and maturity
“As my case progressed a change of state jurisdiction occurred and Mr. Levine provided outstanding counsel in handling such matters.”
Contact UsIf You Are Planning a Move: or Facing One
Planning a Relocation
If you are planning to move with your minor children, the procedural requirements above apply, and their deadlines are strict. Compliance with notice and the objection window is what protects your right to relocate; non-compliance is what most often results in the court ordering the children returned. Reach out before you move to be sure each step lines up with the statute and to understand the specific factors that will be weighed in your case.
Responding to the Other Parent's Proposed Relocation
If the other parent has provided notice of an intended relocation that will impact your custodial time and you do not consent, the response path is statutory: file a counter-affidavit within 30 days. Beyond that, formally objecting to the move places the matter before the court for a hearing on whether the proposed relocation serves the child's best interests under the ten relocation factors.
Relocation Without Notice
If the other parent has moved out of state, or outside the local area, with your child without notice or your consent, prompt action matters. The law provides remedies: a court order can be sought to return the child to Pennsylvania. If no existing custody order is in place and the other parent refuses to return the child, an emergency petition can be filed seeking immediate relief. The earlier the response, the cleaner the legal posture.