A parent who has custody rights and wishes to relocate with their child must follow procedures prescribed by court rule. These are designed to protect the rights of the non-relocating parent and to promote the best interests of the child. Failure to comply can have serious consequences, including the possible modification of custody arrangements.

Pennsylvania Court Rule 1915.17 defines a relocation as a substantial change in the residence of the child that “significantly impairs the ability of a non-relocating party to exercise custodial rights.” This may be the case regardless of the distance involved in the proposed relocation. Even a move within the region of both parents’ residences may qualify as a relocation if it disrupts the existing custody arrangement or the non-relocating parent’s ability to maintain their relationship with the child.

Relocation can proceed only if one of these conditions is satisfied: (1) every individual with custody rights to the child consents to the relocation or (2) the court approves the relocation.

The parent intending to relocate is required to serve written notice of the proposed relocation on every individual who has custody rights to the child. The notice must be sent by certified mail, return receipt requested, no later than 60 days before the proposed move. If such advance notice is not possible (for instance, if the parent learns of an opportunity less than 60 days from the planned move), the relocating parent must provide notice within 10 days after becoming aware of the relocation.

The rule provides a detailed form that must be used when giving notice. It calls for comprehensive information about the move, including the proposed new address, mailing address (if different), names and ages of everyone living at the new residence, the home telephone number, the name of the new school district and school, reasons for the move and a revised custody proposal. The notice must state explicitly that the non-relocating parent has the right to file an objection and seek a hearing.

If the other parent consents, they must do so in writing, using the form prescribed by the rule. If the other parent objects, they must serve a counter-affidavit, in a form prescribed by the court rule, by certified mail within 30 days of receipt of the relocation notice.

Unless the other parent consents, the parent wishing to relocate must file a petition and obtain a court order explicitly permitting relocation. The court will focus on the child’s best interests, evaluating statutory factors such as the reasons for relocation, whether it will enhance the general quality of life for the child and how to preserve the relationship between the nonrelocating parent and the child.

Always consult with an experienced Pennsylvania child custody attorney before relocating with your child. Doing so without providing proper notice or obtaining required consent or court approval can result in legal penalties. The court may order the return of the child, modify custody arrangements or consider such failure as a factor against the relocating parent in future custody decisions. 

Chan & Associates in Lancaster advises south central Pennsylvania parents on custody and visitation and other family law concerns. Please call me at 717-869-0015 or contact me online to make an appointment.