In Pennsylvania, a move with your child is a “relocation” if it significantly impairs the other parent’s ability to exercise custodial rights. You must give written notice (usually 60 days ahead), the other parent has 30 days to object, and a judge decides using both the relocation factors and the best-interest factors (which, as of August 29, 2025, were streamlined from 16 to 12). Come prepared with evidence about schools, childcare, finances, transportation, and how you’ll protect your child’s relationship with both parents.
What counts as a “relocation” in PA?
Pennsylvania law defines relocation as a change in a child’s residence that significantly impairs the non-relocating party’s ability to exercise custodial rights. There’s no fixed mileage rule—a move across town can be a relocation if it makes the current schedule unworkable.
The notice-and-objection timeline
Before relocating with your child, you must send written notice by certified mail, return receipt requested. In most cases, notice must be sent at least 60 days before the move. There’s a narrow 10-day exception if you couldn’t have known earlier and it’s not reasonably possible to delay. Your notice has to include key details (new address, school, reasons for the move, a proposed revised schedule, and the court’s counter-affidavit form). The other parent then has 30 days to file an objection and request a hearing.
If no objection is filed in 30 days, the law presumes consent and the relocating parent can ask the court to confirm the relocation and adjust the order. Courts can sanction a parent who relocates without reasonable notice.
Pennsylvania’s custody rules also provide a standardized counter-affidavit warning—miss the 30-day window and you may lose the right to object absent exigent circumstances.
How judges actually decide
When an objection is filed, the court holds an expedited hearing. Judges must weigh the Relocation Factors in the custody statute—things like the child’s ties to each parent, educational impact, feasibility of preserving relationships, motives for/against moving, and whether relocation improves quality of life for the child and relocating parent. Safety concerns receive weighted consideration.
Judges also must evaluate the broader best-interest factors in § 5328. As of August 29, 2025, those factors were streamlined from 16 to 12 by House Bill 378 (now Act 11 of 2025), with an ongoing emphasis on child safety and practical stability. (If your case started before that date, courts now apply the updated list going forward.)
Pennsylvania appellate guidance is clear: in relocation cases that also change custody, courts must consider both the relocation factors (§ 5337(h)) and the best-interest factors (§ 5328).
Career-driven moves the courts see often:
Promotion or new role with higher pay/benefits. Be prepared to show how increased income, better hours, or benefits (health insurance, tuition, retirement) translate to concrete gains for your child.
Graduate or professional education. Document program quality, duration, and how you’ll preserve the child’s relationship with the other parent during and after the program.
Transfer to a lower-cost area or nearer extended family. Judges evaluate whether the move improves the child’s day-to-day stability: housing, childcare, school fit, and family support.
Remote/hybrid work changes. If remote work lets you stay, expect questions about why relocation is still necessary and what alternatives you considered.
Evidence that moves judges (for either parent)
For the parent proposing relocation:
Proof of opportunity: offer letter, job description, pay/benefits, school admission, housing.
Child-focused plan: new school profile, special-needs supports, extracurriculars, childcare coverage, medical providers.
Relationship-preservation plan: detailed schedule (extended blocks, holidays), transportation plan/cost-sharing, virtual contact norms, and how you’ll absorb more travel burdens.
Community ties: proximity to supportive relatives and their involvement.
Good-faith motives: why the move is about the child’s and family’s well-being—not about limiting contact.
For the non-relocating parent:
Feasibility concerns: travel time/costs, work schedule conflicts, and the practical impact on maintaining frequent, meaningful contact.
Status quo benefits: evidence that the current school/community/medical supports are working well.
Alternative proposals: partial moves, delayed start, or a schedule that preserves meaningful time without gutting stability.
What if someone moves first and asks later?
Courts may deny a presumption in favor of the move, order the child’s return, modify custody, and award fees or sanctions—especially if notice wasn’t reasonable and no exigent circumstances exist. If abuse contributed to delayed notice, courts consider mitigation.
2025 update: the best-interest factors were streamlined
On June 30, 2025, the Governor approved HB 378 (Act 11 of 2025). As of August 29, 2025, judges apply 12 best-interest factors (down from 16). The reform aims to reduce overlap and confusion while keeping the spotlight on child safety, stability, and each parent’s capacity to meet the child’s needs. Expect courts to continue giving weighted consideration to safety-related factors.
Bottom line: The legal test did not become “pro-move” or “anti-move.” It remains child-centered. The winner is the parent who shows a realistic plan that protects the child’s relationships and day-to-day stability.
Quick checklists
Thinking of relocating?
Send timely, compliant written notice (aim for ≥60 days).
Attach a proposed schedule plus concrete travel/technology details.
Gather evidence on schools, housing, childcare, medical, and family support.
Offer cost-sharing and logistics that reduce the other parent’s burden.
Planning to object?
File the counter-affidavit and objection within 30 days.
Come with data on travel feasibility, work schedules, and how the move would disrupt contact.
Propose a workable alternative (or a modified schedule) that preserves stability.
FAQs
Is there a magic distance that counts as relocation?No. It’s about whether the move significantly impairs the other parent’s ability to exercise custody—not miles.
Can a judge approve a move before a full hearing?Only if exigent circumstances exist; otherwise an expedited hearing is required before relocation.
Do courts consider both sets of factors?Yes. Courts evaluate the relocation factors and the best-interest factors together when a move would change custody.
Moro and Moro can help
Every family’s facts are different. If a career opportunity is pulling you to move—or your co-parent plans to relocate—our team can help you craft the strongest possible plan, build the evidentiary record, and advocate for an order that keeps your child’s stability and safety front and center.
Sources (key authorities)
Statutory definition & relocation process: 23 Pa.C.S. §§ 5322 (definition of “relocation”), 5337 (notice, objection, factors, burdens). Pennsylvania General Assembly+1
Best-interest factors (streamlined to 12, effective Aug. 29, 2025): HB 378 / Act 11 of 2025; practitioner summaries confirming enactment/effective date. PA HousePennsylvania House Republican CaucusMcNees Wallace & Nurick LLC
Counter-affidavit & 30-day warning: Pa.R.C.P. 1915.17 (Relocation; Notice and Counter-Affidavit). Pennsylvania Code & Bulletin
Both sets of factors must be considered (relocation + best-interest): see Superior Court guidance citing A.M.S. v. M.R.C., 70 A.3d 830 (Pa. Super. 2013).
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A must-read for anyone thinking about a relocation with an active custody order!