Relocation and Child Custody in Pennsylvania

A job offer in another state. A new partner in a different city. Family support that's three hours away. Whatever the reason, moving with your child when there's a custody order in place triggers one of the most high-stakes procedures in Pennsylvania family law. The relocation statute — 23 Pa.C.S. § 5337 — imposes strict notice requirements, tight deadlines, and severe consequences for parents who skip the process.

What Counts as a "Relocation"

Pennsylvania doesn't define relocation by a specific mileage threshold. Under § 5337, relocation means a change in the child's residence that significantly impairs the ability of a non-relocating party to exercise their custodial rights. A move across the state line obviously qualifies. But a move of even twenty miles within the same county can trigger the statute if it makes the existing school, daycare, or custody exchange routine unworkable.

The test is functional, not geographic. If the move means your co-parent's Wednesday overnights or Friday school pickups become logistically impossible under the current order, the court treats it as a relocation regardless of the distance.

The 60-Day Notice Requirement

Before relocating with a child, the moving parent must send a formal Notice of Proposed Relocation to every individual with custodial rights. The notice must be sent via certified mail, return receipt requested, at least sixty days before the proposed move date.

If you couldn't have reasonably known about the move sixty days in advance — a sudden job transfer, for example — notice must be sent within ten days of learning about the move, provided the relocation can't be delayed.

The notice isn't a casual heads-up. It's a statutory document with specific required contents:

• The new physical address and mailing address
• Names and ages of everyone who will live in the new household
• Name and school district of the proposed new school
• The date of the intended move
• Specific reasons for the relocation
• A proposed revised custody schedule that preserves the non-relocating parent's relationship with the child
• A blank statutory Counter-Affidavit Regarding Relocation form (so the other parent can formally object)

Missing any required element can undermine your notice and expose you to the statutory consequences for improper relocation, even when the underlying move has merit.

The Counter-Affidavit and 30-Day Objection Window

After receiving the notice, the non-relocating parent has exactly thirty days from receipt to file a verified counter-affidavit objecting to the relocation, the proposed custody modification, or both. The counter-affidavit must be filed with the court and served on the relocating parent.

If the non-relocating parent doesn't file an objection within thirty days, they're foreclosed from objecting to the move. The relocating parent can then file a petition to confirm the relocation, and the court may approve the move without a hearing.

This deadline is absolute. Missing it waives the right to object — even if the non-relocating parent has strong reasons to oppose the move.

What Happens at a Contested Relocation Hearing

If a counter-affidavit is filed, the court schedules an expedited hearing. The relocating parent bears the burden of proving two things: that the move serves the child's best interests, and that the relocation is driven by good-faith motives (not an attempt to frustrate the other parent's custody rights).

The judge evaluates ten specific relocation factors under § 5337(h), including:

• The nature, quality, and extent of the child's relationship with each parent and other important individuals
• The child's age, developmental stage, and needs
• The feasibility of preserving the relationship between the child and the non-relocating parent through a revised custody schedule
• The child's preference (based on maturity)
• Whether the relocation will enhance the quality of life for the relocating parent and child (economic, educational, or emotional benefits)
• Each parent's past compliance with custody orders
• Whether the non-relocating parent has a good-faith reason for opposing the move

These ten factors are evaluated alongside the twelve best-interest factors from 23 Pa.C.S. § 5328(a). That's a total of twenty-two factors the judge weighs. Relocation hearings are complex, evidence-intensive proceedings, and the outcomes are genuinely unpredictable.

Consequences of Moving Without Notice

Moving with your child before completing the statutory notice process carries severe consequences under § 5337(j):

• The court can hold you in civil contempt
• The court can order the immediate return of the child to the jurisdiction
• The court can modify the custody order to award primary custody to the non-relocating parent
• The court can order you to pay the other party's attorney's fees and litigation expenses

Even if your reasons for moving are legitimate, bypassing the notice procedure puts you at an enormous legal disadvantage. Courts view unauthorized relocation as a red flag — it suggests either a lack of respect for the other parent's rights or an attempt to create facts on the ground before the court can evaluate the move.

Planning a Relocation the Right Way

If you're considering a move, start the planning process well before you commit. Give yourself time to:

1. Draft the statutory notice with all required contents
2. Research school options in the new location
3. Design a realistic revised custody schedule that accounts for the increased distance
4. Gather documentation supporting the reasons for the move (job offer letters, proximity to family support, educational opportunities)

If you're on the receiving end of a relocation notice, the thirty-day clock starts immediately. Consult with an attorney or begin preparing your counter-affidavit right away — waiting costs you options.

The Pennsylvania Child Custody & Parenting Plan Guide includes a relocation notice checklist that walks you through every required element and helps you design a proposed revised schedule that demonstrates your commitment to preserving both parents' relationship with the child.

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