Pennsylvania law defines relocation as “a change in residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights.” 23 Pa.C.S.A. § 5322(a). The law does not specify whether this pertains only to out-of-state moves or if it also applies to intra-state relocation. It is therefore highly recommended to consult an attorney licensed in Pennsylvania who specializes in child custody and relocation law prior to relocating with your child.
The statute under Pennsylvania law that sets out the law governing proposed custody relocation actions is 23 Pa.C.S. § 5337. This statute requires any party who wishes to relocate with a minor child or children to notify all parties who maintain custodial rights to said minor child or children of their intention to relocate. Specifically, § 5337(c) requires the party wishing to relocate to submit a “Notice of Proposed Relocation” to the non-relocating party of their intention to move. This notice provides the other party with general information pertaining to the new location. Such information includes: the date of your proposed relocation, your new address and the names of individuals who will reside there with you, the reason behind the relocation, the name of the school district and/or school, a proposed new custody arrangement and other any other relevant information. If the non-relocating individual seeks to object to the relocation, § 5337 requires a response by way of Counter-Affidavit (which is to be provided to them within the Notice) within 30 days of receipt of the Notice. § 5337(d)(1); § 5337(d)(2).
If the non-relocating party objects, a hearing on the relocation will be scheduled. The factors considered by the Judge in determining whether to grant a relocation are enumerated in 23 Pa.C.S.A. §5337(h).
If you are a resident of Westmoreland or Fayette County and are considering relocating with your child or children, or are facing a request to relocate, please contact one of our experienced child custody and relocation attorneys today!
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