Understanding Pennsylvania’s Laws on Relocation in Custody
May 21, 2025


For parents sharing custody, relocating with a child isn’t as simple as packing up and moving to a new city or state. In Pennsylvania, strict laws govern child relocation in custody cases, ensuring that a move does not negatively impact the child’s relationship with the other parent.

If you are a custodial parent considering relocation, understanding the legal requirements, consent process, and potential challenges is critical. At Daley Zucker, we help parents navigate Pennsylvania’s custody relocation laws to ensure compliance and protect their parental rights.

What is Considered a Relocation in Pennsylvania?

Under Pennsylvania law (23 Pa. C.S. § 5337), a relocation is defined as any move that significantly impacts the child’s relationship with the non-relocating parent. This doesn’t mean that every move requires court approval—small moves within the same town or school district may not qualify as a “relocation.”

However, if a move would:

  • Make it harder for the other parent to exercise custody or visitation
  • Require significant adjustments to the current custody schedule
  • Result in a major geographical change (such as moving out of state)

Then relocation laws apply, and you must obtain permission from the other parent or the court.

How to Legally Relocate with a Child in Pennsylvania

A parent wishing to relocate with their child must follow a strict legal process, including providing notice and either obtaining consent or a court order.

Step 1: Provide Notice of Relocation

If you plan to relocate, Pennsylvania law requires that you notify the other parent in writing at least 60 days before the move. The notice must include:

  • The proposed new address
  • The names and ages of all individuals residing at the new address
  • The reason for the move
  • The date of the proposed relocation
  • A revised custody schedule proposal
  • Any relevant school or community information
  • A deadline (30 days) for the other parent to object

Failure to provide proper notice could result in the court denying the relocation request or requiring the return of the child until the court can properly consider whether a relocation is appropriate.

Step 2: Obtain Consent or File a Petition

  • If the non-relocating parent agrees to the move, they must sign a written affidavit of consent. The court can then approve the relocation without a hearing.
  • If the non-relocating parent objects, they must file a formal objection within 30 days. In this case, a court hearing will be scheduled.

Step 3: Attend a Relocation Hearing (If Required)

If the other parent objects to the move, the case goes before a judge. The relocating parent must prove that the move is in the child’s best interest, while the other parent may argue why the relocation should not be allowed.

How Courts Decide Custody Relocation Cases in PA

If the court must decide whether to approve a custody relocation, they consider several key factors, including:

  • The child’s relationship with both parents
  • The impact on the child’s sibling relationships
  • The reason for the move (job opportunity, better school, family support, etc.)
  • The impact on the child’s education and well-being
  • The economic impact of the move
  • Whether the relocation will enhance the quality of life for the parent seeking relocation and the child
  • History of abuse by the non-relocating parent
  • The non-relocating parent’s ability to maintain a relationship with the child
  • The ability to create a modified custody schedule (such as extended summer visits)

Ultimately, the judge’s decision is based on what is in the best interest of the child.

Common Reasons a Relocation May Be Denied

Even if a parent has a legitimate reason for moving, the court may deny relocation if it significantly disrupts the child’s relationship with the other parent. Some common reasons relocations are denied include:

  • The move would severely limit the non-relocating parent’s ability to see the child
  • The relocating parent has a history of interfering with custody orders
  • The child has a strong community and school support system that would be disrupted
  • The move is not actually in the child’s best interest

Because relocation cases can be highly contentious, working with an experienced family law attorney is crucial to building a strong case.

How Daley Zucker Can Help with Your Custody Relocation Case

Relocating with a child after divorce or separation can be complicated, but you don’t have to navigate the legal process alone. At Daley Zucker, our experienced Pennsylvania family law attorneys can help you:

  • Understand your legal rights and the custody relocation process
  • Properly draft and send a relocation notice
  • Negotiate with the other parent to reach an agreement
  • Represent you in court if necessary
  • Modify your custody arrangement to accommodate the move

If you’re considering relocation or need help objecting to a proposed move, contact Daley Zucker today for legal guidance and advocacy.



Contact Us