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Relocation is defined in Pennsylvania’s Child Custody Act, as a change in the residence of the child which significantly impairs the ability of a nonrelocating party to exercise custodial rights. If you intend to move to a location which “significantly impairs the other parent’s custodial rights,” you must either obtain the consent of the other parent or court approval for the relocation.

Strict notice requirements are imposed by the Custody Act. Notice of the proposed relocation must be sent to the other parent by certified mail, return receipt requested at least sixty (60) days prior to your proposed relocation. You must include very specific information listed in the statute, as well as notice of the other parent’s right to object to the relocation. A proposal for a revised custody schedule must also be included. If no objection is made by the other party within 30 days, the relocating party may file an Affidavit stating that notice was provided and no objection was made, along with a petition to confirm the relocation and modify the custody order.

If the nonrelocating party files an objection to the relocation, a hearing will be scheduled. At the hearing, the court will consider eleven (11) “relocation factors,” in
determining whether to grant the proposed relocation. Whether the relocation is in the child(ren)’s best interest will also be considered, giving weighted consideration to factors which affect the safety of the child.

Failure to comply with the notice provisions of the Custody Act may result in an order to return the child to the nonrelocating party, a finding of contempt, sanctions, and/or reasonable expenses and counsel fees. Furthermore, no presumption in favor of the relocation will result from a party relocating with the child prior to a hearing.

For more information, call (610) 222-5959, to schedule your free initial consultation.

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