1

In General

Relocation is a change in residence of the child which "significantly impairs" the other parents right to exercise custody rights. The courts will have to establish through case law what constitutes a "significant impairment." Relocation is permissible only if every individual with rights consents or the court approves.

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Notice

The party seeking relocation shall notify the other party in sufficient time and if possible include new address, new school district, date of relocation, new phone number, etc. Notice, sent by certified mail, return receipt requested, shall be given no later than the 60th day before the date of the proposed relocation - OR - the 10th day after the date that the individual knows of the relocation if the individual did not know and could not have reasonably known of the relocation in sufficient time to comply with 60 day notice and it is not reasonably possible to delay the date of relocation so as to comply with the 60-day notice

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Counter-Affidavit

The party seeking relocation should also provide a counter-affidavit which can be used to object to the proposed relocation (sample form of counter-affidavit in statute). If other party does not object, the court can approve the relocation. If party does object a hearing must be held.

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Emergency Cases

If exigent circumstances exist, the court may approve the relocation pending hearing; there are a list of factors the court should consider in determining whether to grant relocation on these grounds.

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Burden of Proof

The burden of proof is on the relocating party to prove relocation is in child's best interest.

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Additional Information

For further information, please review the provisions on relocation under the new custody law found at 23 Pa. C.S. 5337.