For many parents, relocating after a divorce is not optional. Perhaps you need to explore new career opportunities, pursue better housing or get a fresh start. However, relocating with your children after a divorce in Pennsylvania isn’t as simple as packing boxes and updating your address.
State law imposes strict requirements on parents who wish to move. Your relocation can significantly impact custody arrangement and parenting schedules, so it is not just a personal decision.
Pennsylvania relocation law
In Pennsylvania, any parent with primary physical custody requires compliance with statutory relocation procedures under specific circumstances. You will need to follow legal guidelines if the the move significantly impairs your co-parent’s ability to exercise their custodial rights. Even a move across town can count as a “relocation” if it disrupts the existing schedule.
There are certain legal requirements that you must comply with before moving with your children. 23 Pa.C.S. § 5337 requires you to provide notice and receive consent and approval before a relocation can happen.
Formal notice
The most critical step in the relocation process is to provide formal notice. Pennsylvania law requires you to notify every other individual who has custodial rights to the child. It must contain specific information, such as the new address, new school district, the proposed date of the move and reason for your move.
You must send your notice in advance. In general, Pennsylvania law requires you to send the notice at least 60 days before the move. If you did not know within that time (and could not have reasonably known),you must notify the other parent within 10 days of learning the information.
Consent and objections
Along with the notice, you must provide the non-relocating parent with a “counter-affidavit” form. Your co-parent has 30 days to object to either the move itself or the proposed changes to the custody schedule.
If they do, the relocation cannot happen unless the court approves it. At that point, the case becomes a dispute. The judge will decide based on the child’s best interests, considering Pennsylvania’s custody factors and relocation-specific factors.
Getting approvals
Relocation relies on specific facts and circumstances. A court focuses on the child’s needs when deciding whether to approve your move. Courts generally respond better to a parent who presents a detailed, child-centered plan rather than a vague intention to move.
The “best interests of the child” standard is subjective. Therefore, it is vital to document how the move provides a better environment, education or support system for your child. Consider seeking an experienced family law representative to protect your right to exercise custody decisions for your child.