If you share custody of a child in Pennsylvania and you are planning a move that would meaningfully change how the other parent sees that child, Pennsylvania custody relocation law requires you to send written notice before you go, not after. Lancaster Law Group’s attorneys walk parents through exactly this scenario as part of a full custody modification review, because a relocation almost always intersects with the existing custody order.
The notice deadline is fixed by statute, not by how reasonable your move is or how much notice feels fair. Missing it, or handling it informally over text or a phone call, can put your custody rights and your relationship with your child at real risk.
What Counts as a “Relocation” Under Pennsylvania Law
Not every move triggers these rules. Pennsylvania law defines a relocation as a change in residence that would significantly impair the other parent’s ability to exercise their custodial rights, not simply a move to a new house a few miles away. [1]
A move across town that does not disrupt the existing custody schedule generally will not qualify. A move across the state, to another state, or anywhere that would make the current schedule impractical almost certainly will.
The Notice You Must Send Before You Move
The relocating parent must notify every individual who has custody rights to the child, sent by certified mail with return receipt requested. <[2] Pennsylvania sets a hard deadline for when that notice has to go out.
- Standard timing: at least 60 days before the planned move.
- Limited exception: if you could not have reasonably known about the move in time to give 60 days’ notice, and delaying the move is not realistic, notice must go out within 10 days of learning about it.
The notice itself is not a short courtesy note. Pennsylvania law requires it to include, to the extent the information is available:
- The proposed new address and mailing address, once known.
- The date of the proposed move.
- The reasons for the relocation.
- A proposed revised custody schedule.
- Names and ages of anyone else who will live in the new residence.
- A warning to the other parent that failing to object within 30 days forecloses their right to object at all.
What the Other Parent Can Do: The Objection Process
A parent who receives a proper relocation notice has 30 days to file an objection with the court. That objection is made by completing and returning a counter-affidavit, which is a sworn document, not an informal reply.
If the receiving parent does nothing within that 30-day window, they are generally foreclosed from objecting later, and the relocating parent may be able to move forward and ask the court to confirm the relocation. If an objection is filed in time, the case proceeds toward a hearing before the move is finalized.
How a Court Decides Whether to Allow the Move
When a relocation is contested, the court does not simply ask whether the move makes sense for the relocating parent. It weighs relocation-specific factors alongside the child’s overall best interests, including:
- The nature, quality, and extent of the child’s relationship with each parent.
- The distance involved and how it would affect the ability to maintain that relationship.
- The child’s age, developmental stage, and needs.
- Whether the move would meaningfully improve the quality of life for the relocating parent and child.
- The reasons each parent is offering for supporting or opposing the move.
- Whether a workable revised custody schedule can realistically be created.
The relocating parent carries the burden of showing the move is in the child’s best interest. This is a meaningfully harder standard than simply preferring to relocate.
What Happens If You Move Without Proper Notice
Relocating before the process plays out does not put the matter to rest. If a parent moves with the child before a required hearing takes place, the court will not give any presumption in favor of that relocation simply because it already happened.
An improper relocation is often treated as a violation of the existing custody order, and it can become grounds for the other parent to pursue a modification or a contempt action, which is covered in more detail in a companion article on changing a Pennsylvania custody order.
If Your Co-Parent Just Told You They Are Moving
The 30-day objection window starts running the moment you receive proper notice, so this is not a situation to sit on. If you want to keep your current custody schedule intact, or you believe the move is not in your child’s best interest, you need to act within that window.
- Confirm the date you actually received the notice, since that is what starts your 30-day clock.
- Do not assume a phone call or a text message conversation satisfies the objection requirement.
- Talk to an attorney immediately so your counter-affidavit and any request for a hearing are filed correctly and on time.
Frequently Asked Questions
What is considered a relocation in Pennsylvania custody?
A relocation is a change in a party’s residence that significantly impairs the other parent’s ability to exercise their custodial rights. A short move that does not disrupt the existing schedule typically does not meet that definition, while a move across the state or out of state generally does.
Can I move out of state with my child without the other parent’s permission in Pennsylvania?
No. Pennsylvania requires advance written notice to every person with custody rights before you relocate, and if the other parent objects in time, the move generally cannot proceed without either their agreement or court approval after a hearing.
How much notice do you have to give before relocating with a child in Pennsylvania?
Standard notice must go out at least 60 days before the planned move. If you could not reasonably have known about the move in time and delaying it is not realistic, notice must instead go out within 10 days of learning about the move.
What happens if a parent relocates without giving proper relocation notice in Pennsylvania?
The move can be treated as a violation of the existing custody order, and a court will not presume the relocation was appropriate simply because it already happened. It can also become the basis for the other parent to seek a custody modification or hold the relocating parent in contempt.
Talk to a Lancaster County Attorney Before the Deadline Passes
Whether you are the parent planning the move or the parent who just received notice, the deadlines in this process do not bend for personal circumstances. Lancaster Law Group can review your notice, calendar every deadline that applies to your case, and tell you directly where you stand.
Call us at 717-358-0600 or schedule a consultation online before your window to act closes. Meet the attorneys who will handle your case, or see the Pennsylvania communities we serve from our office in Downtown Lancaster.
Sources
[1] 23 Pa. C.S. § 5322 – Definitions (“relocation”) | https://law.justia.com/codes/pennsylvania/title-23/chapter-53/section-5322/
[2] 23 Pa. C.S. § 5337 – Relocation (notice requirements) | https://law.justia.com/codes/pennsylvania/title-23/chapter-53/section-5337/