Child Custody and Relocation

After a divorce or separation, either parent may decide it is time to move on with his or her life, and sometimes that involves physically relocating homes or moving to a new community. However, the situation is more complicated when relocation involves children and child custody.

Common reasons parents wish to move away from the other co-parent, and to a new location, include, but are not limited to such things as a job transfer or new job, to be closer to relatives, a new relationship or marriage, better educational opportunities, access to better medical care.

Pennsylvania Relocation Statute

If you are a parent or caregiver in Pennsylvania, are the primary caregiver, or the one with whom the children spend most of their time, and you are not living in the same home as a co-parent, you cannot simply relocate. Whether you are moving to a new county, a new state or around the world, you must follow Pennsylvania’s relocation statute, which applies regardless of if you have a custody order from the court. Even if you have never been to court and never filed for custody, the relocation law could apply to your move.

What is a relocation?

Pennsylvania law defines relocation as moving a child to a new home in a location that makes it difficult for the other parent to exercise their custodial time, as the custody agreement or current schedule provides. This could mean relocating to another state, or just moving across the county and changing school districts. The distance required to warrant a relocation hearing or agreement depends on the specific facts of any given case, including the impact on the existing custody arrangement. If both parents cannot agree to the relocation, the court must determine what is best for the child.

Notification Requirements: Pennsylvania law bars relocation unless either or both parents’ consent or the court reviews and approves the relocation. Pennsylvania requires the parent wishing to relocate to the other parent by certified mail at least 60 days before the move. The party seeking to relocate must file the required notice with the court along with the proper pleadings to request a modification to the custody schedule.

  • Notification of Relocation must include information about the new home, including: The date that you plan to move, reason(s) for relocating, new address you intend to move to & mailing address after the move, phone number after the move (if available), the names and ages of everyone who will live in the new residence, the name of the new school district and the school the children will be attending and any other relevant information.
  • You will also need to include a revised custody schedule and a counter-affidavit. The relocating parent must advise the other non-relocating parent that they have thirty (30) days to reply. The non-relocating parent can either agree with the proposed relocation or can object by filing the counter-affidavit with the family court. If the other parent objects to the relocation and/or change in the custody schedule, he or she must file a counter-affidavit. There is a 30-day time limit to file this objection. If an objection to the relocation is filed, the court will schedule a hearing to determine if the move is a relocation and if the move is in the best interests of the child

How does the Court evaluate a disputed Relocation Request?

If an objection to the relocation is filed, the court will schedule a hearing to determine if the move is a relocation and if the move is in the best interests of the child. The court must then hold a hearing to determine if relocating is in the best interest of the children.

The court will base its decision after evaluating statutory relocation factors:

  • The nature, quality, extent of involvement and duration of the child’s relationship with each parent, siblings, and others who play a significant role in the child’s life
  • The age, developmental stage, and needs of the child and the effect that the relocation will have on the child’s physical, educational and emotional development and any special needs
  • The feasibility of the child maintaining a relationship with the non-relocating parent after the move
  • The child’s preference (based on the age and maturity of the child)
  • Whether there has been a pattern of one parent trying to undermine the child’s relationship with the other parent
  • How the move will enhance the relocating parent’s quality of life
  • How the move will enhance the child’s quality of life
  • The reason that the parent is seeking to relocate and the reason that the other parent is objecting
  • Any history of abuse by a parent or household member and any risk of continued harm
  • Any other factors that affect the best interest of the child

The burden is on the relocating parent to comply with the statutory relocation notice requirements and to establish that the proposed move is in the best interest of the child/children.

Contact Our Office

To arrange an appointment with an experienced Child Custody and Relocation attorney, contact us online or call us at 215-348-2605.

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