Planning to move to a new residence? Before signing a lease or agreement of sale for the new residence, you should review any Pennsylvania order that governs the custody of your children to determine whether the move would be considered a "relocation" by the court.
Not every move requires approval of court. If a parent plans to move to a new residence that does not make the current custody arrangement impractical, court approval is not usually required. However, once a decision is made to move to a location that would significantly interfere with the ability of the other parent to exercise custodial rights, a child may relocate with that parent only if the other parent (and any other person who has custody rights to the child) consents to the proposed relocation or the court approves the proposed relocation. Every person who has custody rights to the child must be notified by certified mail, return receipt requested no later than 60 days before the intended move unless the need to relocate was not known in sufficient time to comply with the 60 days' notice requirement. Among other information, the notice must include a proposal for a revised custody schedule and a counter-affidavit for the non-relocating person to file with the court indicating consent or objection to the move and consent or disagreement to the proposed custody schedule.