If a parent wants to move in a way that would significantly impair the other parent's ability to exercise custody, Pennsylvania's relocation law applies, even under an agreed custody order. The moving parent needs the consent of everyone with custody rights or the court's approval, must send notice by certified mail at least 60 days before the move in most cases, and the other parent has 30 days after receiving it to object.
A planned move is one of the most common reasons parents revisit a custody agreement. The law sets out a clear notice-and-objection process, but parents who settled through collaborative practice or mediation can often agree on a new schedule without a hearing. This page explains both. For the original plan, see building a parenting plan; for the overall approach, our collaborative family law page.
How relocation works, step by step
- Check whether it is a "relocation." The statute defines relocation as a change in the child's residence that significantly impairs the ability of the non-relocating party to exercise custodial rights (23 Pa.C.S. § 5322). A move across town may not qualify; a move to another region usually does.
- Talk first, if it is safe. If both parents agree, the move can be approved by consent and a new schedule entered as an amended order.
- Send formal notice. The moving parent notifies every person with custody rights by certified mail, return receipt requested, no later than the 60th day before the move, or within 10 days of learning of it if the move could not reasonably have been known in time and cannot be delayed (§ 5337(c)(2)).
- Include the required details. The notice lists, if available, the new address, the people living there, the new school district and school, the move date, the reasons, a proposed revised schedule, a counter-affidavit form, and a warning about the 30-day objection deadline (§ 5337(c)(3)).
- The other parent responds. To object, the non-relocating parent completes and files the counter-affidavit with the court and serves it within 30 days of receiving notice; otherwise the right to object is lost (§ 5337(d)).
- If no objection, confirm. The moving parent files an affidavit of notice and no objection, proof of notice, a petition to confirm the relocation and modify the order, and a proposed order (§ 5337(e)).
- If there is an objection, a hearing. The court decides using the relocation factors.
| Step | Deadline or rule |
|---|---|
| Notice of proposed relocation | Certified mail, return receipt requested, no later than the 60th day before the move |
| Late-discovered move | Within 10 days after learning of it, if it could not reasonably have been known in time and cannot be delayed |
| Objection | Counter-affidavit filed and served within 30 days after receiving notice |
| No objection | Moving parent files affidavit, proof of notice, petition to confirm and proposed order before moving |
| Changed details | Moving parent must promptly update anyone who received notice |
The factors a court weighs
If a hearing is needed, the court considers the factors in § 5337(h), giving weighted consideration to those that affect the child's safety: the child's relationships with each parent, siblings and others; the child's age, development and needs and the likely impact of the move; whether the relationship with the non-relocating parent can be preserved through suitable arrangements, considering logistics and finances; the child's preference, by age and maturity; any pattern of promoting or thwarting the child's relationship with the other parent; whether the move improves the quality of life of the moving parent and of the child; each parent's reasons and motivation; present and past abuse and continued risk of harm; and any other factor affecting the child's best interest.
The moving parent carries the burden of showing the move serves the child's best interest, and each parent must establish the integrity of his or her own motives (§ 5337(i)). The general custody factors in § 5328 also remain relevant; see Pennsylvania custody factors in an agreement.
What happens if notice is not given
The court may treat a failure to give reasonable notice as a factor in the relocation decision and in any custody modification, as a basis for ordering the child returned, as cause to order the moving parent to pay the other parent's reasonable expenses and counsel fees, and as a ground for contempt and sanctions (§ 5337(j)). If the failure was caused in whole or part by abuse, the court must consider that in mitigation (§ 5337(k)).
Local steps in Allegheny and Lawrence counties
The Allegheny County Family Division tells a parent who received a relocation notice and opposes it that there are 30 days to object, and that the response can include a complaint for custody or a petition for modification, the counter-affidavit, a request for a hearing or judicial conciliation scheduled through the docket clerk in Room 309 of the Family Law Center, and a criminal history and abuse verification form. See the Allegheny County Family Division guide. In Lawrence County, custody petitions and related papers are filed with the Prothonotary at 430 Court Street, New Castle; see the Lawrence County Courthouse for family cases.
Settling a relocation by agreement
A move does not have to become a contest. Parents who already worked together on a plan can often negotiate the next one: longer blocks of time in summer and school breaks for the parent who stays, shared travel costs, video calls on set days, or a move timed to the end of a school year. Issue-focused mediation is well suited to this single question; see full versus issue-focused mediation. The agreed changes are then entered as an amended consent order; see turning a custody agreement into an order and what can be changed after the agreement.
Building relocation terms into the original plan
Parents who expect a move, for example because one works in a field that often requires relocating, can plan for it at the start. A parenting plan cannot waive the statute's protections, but it can describe how the parents will approach a possible move: how much advance discussion they will have before formal notice, which schedules they would consider at different distances, how travel costs would be shared, and that they will try mediation before any hearing. That kind of advance thinking turns a future crisis into a conversation that already has a framework.
What changes the answer
- Distance and impact. Only moves that significantly impair the other parent's custodial rights are relocations under the statute.
- Consent. If every person with custody rights consents, no court approval is needed, though the order should be updated.
- Safety. Abuse and continued risk of harm are weighted factors; see whether cooperative processes are appropriate.
- Military deployment. The statute also applies to relocation subject to the uniform deployed parents law (51 Pa.C.S. Ch. 46).
- Timing. A move discovered late may use the 10-day notice rule only if it truly could not be known or delayed.
A worked example
For example, imagine a hypothetical parent, Ava, who has primary physical custody under a consent order and is offered a job three hours away. Before sending notice, she raises it with the children's father, Sam. They hold one mediation session focused only on the move and agree to a schedule with most of the summer and alternate long weekends with Sam, shared driving, and video calls twice a week. Ava still sends formal notice by certified mail more than 60 days ahead, Sam signs the counter-affidavit indicating no objection to the agreed modification, and their lawyers submit an amended consent order. This is an illustration only.
Common mistakes
- Moving first and asking later. Failure to give notice can lead to an order to return the child, fees and contempt.
- Informal notice only. The statute requires certified mail, return receipt requested.
- Missing the 30-day objection window. After 30 days, the right to object is lost.
- Incomplete notice. Include every required item that is available, and update it promptly.
- Treating it as winner-takes-all. Creative schedules often serve the child better than a contested hearing.
What to do this week
- Decide whether the move would significantly affect the other parent's time.
- List the details the notice must include.
- Draft a proposed revised schedule that keeps the children connected to both parents.
- Consider a mediation session before sending formal notice.
- If you received a notice, mark the 30-day deadline today.
Frequently asked questions
Does every move count as relocation?
No. Only a change in the child's residence that significantly impairs the other party's ability to exercise custodial rights.
How much notice is required?
By certified mail no later than the 60th day before the move, or within 10 days after learning of it in limited situations.
How long do I have to object?
Thirty days after receiving the notice, by filing and serving the counter-affidavit.
Who has to prove the move is a good idea?
The moving parent has the burden to show it serves the child's best interest; each parent must show the integrity of his or her motives.
Can we agree to the move without a hearing?
Yes. With consent of everyone with custody rights, the move and a new schedule can be entered by agreement.
What if I moved because of abuse?
The court must consider abuse in mitigation of a failure to give reasonable notice.
