Can I move away with my child after a separation in Pennsylvania?

Last updated October 4, 2026.

Only with the consent of everyone who has custody rights or with court approval, if the move is a "relocation": a change in the child's residence that significantly impairs the other parent's ability to exercise custody (23 Pa.C.S. 5322(a) and 5337(b)). The parent who wants to move must send notice by certified mail at least 60 days before the move. The other parent then has 30 days to object, and if they do, a judge holds an expedited hearing and the moving parent must prove the move serves the child's best interest (5337(c), (d), (g) and (i)).

A move across town that does not affect the schedule is usually not a relocation. A move that would make the current schedule impossible is. For our custody work from Media, see our child custody and child support page.

How does the relocation process work, step by step?

1. Notice. The parent proposing the move notifies every other person with custody rights by certified mail, return receipt requested, no later than the 60th day before the move, or within ten days after learning of the move if 60 days was impossible and the move cannot be delayed (5337(c)(1) and (2)). The statewide rule also allows addressee-only certified mail or service under the domestic relations service rule (Pa.R.C.P. 1915.17(a)).
2. What the notice includes. If available: the new address and mailing address, the names and ages of the people in the new home, the phone number, the new school district and school, the date of the move, the reasons, a proposed revised custody schedule, any other helpful information, and a blank counter-affidavit (5337(c)(3)).
3. The response. The other parent may agree to the move and the new schedule, agree to the move but object to the schedule, or object to both. An objection is made on the counter-affidavit, filed with the court and served by certified mail within 30 days of receiving the notice (5337(d)(1) and (2); Rule 1915.17(b)).
4. No objection. If notice was proper and nobody objects in time, consent is presumed (5337(d)(3)). The moving parent files an affidavit, proof of notice, a petition to confirm the relocation and a proposed order (5337(e); Rule 1915.17(e)).
5. Objection. The moving parent files a complaint or petition for modification with the notice, the counter-affidavit and a request for a hearing (Rule 1915.17(f)).
6. Expedited hearing. The court must hold an expedited full hearing before the move happens, and no parenting class or mediation is required first (5337(g)(1); Rule 1915.17(d)). If exigent circumstances exist, the court may approve the move pending the hearing (5337(g)(3)).
7. Decision. If the move is approved, the court modifies the custody order or sets terms for a new one (5337(g)(4)).

In Delaware County, custody filings go to the Office of Judicial Support in Media; the other steps of a custody case are in the steps in a Delaware County custody case.

What does the court weigh?

Factors that affect the child's safety receive weighted consideration (5337(h)). The moving parent carries the burden of showing the move is in the child's best interest, and each parent must show the integrity of their own motives (5337(i)). The general custody factors, rewritten by Kayden's Law, apply too; see how judges decide custody after Kayden's Law.

What happens if a parent moves without notice?

The court may treat a failure to give reasonable notice as a factor in deciding the relocation and in deciding whether to change custody, as a basis for ordering the child returned, as cause to make the moving parent pay the other's reasonable expenses and counsel fees, and as a ground for contempt and sanctions (5337(j)). Those consequences may be reduced if the failure was caused in whole or in part by abuse (5337(k)).

A parent who learns of a planned move without receiving notice can file a custody complaint or modification petition, a statement of objection and a request for a hearing (Rule 1915.17(h)). Every Pennsylvania custody order must already include notice of the relocation duties (5323(c)).

How should I put together a strong relocation proposal or objection?

The statute's factors tell both parents what the judge will look at, so a proposal or objection should answer them directly. A parent proposing a move should explain the concrete reasons, such as a specific job, family support or a school; describe the new home, the people living there and the school the child would attend; and offer a revised schedule that keeps the other parent meaningfully involved, with a realistic plan for travel and who pays for it, since the court considers logistics and financial circumstances (5337(h)(3)).

A parent objecting should show the child's current ties: school records, activities, relationships with siblings, grandparents and friends, and their own involvement in daily care. Evidence that either parent has supported or undermined the child's relationship with the other matters under factor (5). Because each parent must show the integrity of their motives (5337(i)(2)), an objection grounded in the child's needs is stronger than one aimed at the other parent.

Where the hearing is held depends on the county with the custody case. In Delaware County, custody trials are held in the main Courthouse in Media; our page on Delaware County family court explains the layout. If the move changes the number of overnights, the support order may also need to change; see the support conference in Delaware County.

What changes the answer?

• Whether the move "significantly impairs" custody. If it does not, it is not a relocation (5322(a)), and if notice is given and nobody objects, the change is not treated as a relocation (Rule 1915.17(c)).
• Timing. The 60-day rule bends only when the parent could not have known in time and the move cannot be delayed (5337(c)(2)).
• Abuse. Abuse is a weighted factor (5337(h)(9)), and it can excuse a failure to give notice (5337(k)). A victim's address is not disclosed by court order (5336(b)); see how a PFA affects custody.
• Military deployment. The relocation section applies to moves under the deployed parents law too (5337(a)).
• Who has custody rights. Notice goes to every individual with custody rights, which can include grandparents with a custody order (5337(c)(1)).
• Support. A new schedule can change overnights and therefore child support; see how child support is calculated. The rules for ending an order are in when child support ends.

For example: a job offer in another state

Here is a hypothetical. A mother in Glen Mills with primary physical custody receives a job offer in Pittsburgh starting in three months. The father has the children every other weekend and Wednesday evenings. She sends a notice of proposed relocation by certified mail 75 days before the start date, with the new address, school district, reasons and a proposed schedule giving the father most of the summer, alternating holidays and one weekend a month.

The father files and serves a counter-affidavit objecting within 30 days. The mother files a petition for modification with the notice, the counter-affidavit and a request for a hearing, and the court schedules an expedited hearing before the move. She must show the move serves the children's best interest under the factors in 5337(h); he must show his reasons for objecting are genuine. This example only illustrates the procedure; it does not predict any result.

What mistakes do parents make about relocation?

• Moving first and asking later. The court can order the child returned and award fees (5337(j)).
• Sending notice by text or email. The statute requires certified mail with a return receipt (5337(c)(2)).
• Leaving out the proposed schedule or counter-affidavit. Both are part of the required notice (5337(c)(3)).
• Missing the 30-day objection window. Silence is presumed consent (5337(d)(3)).
• Objecting without filing. The counter-affidavit must be filed with the court and served (5337(d)(2)).
• Focusing only on the parent's benefit. The child's quality of life and relationships are separate factors.

What should I do this week?

1. Decide whether the move would significantly affect the current schedule.
2. Count back 60 days from the planned move date.
3. Gather the required information: address, school, household members, reasons and a proposed schedule.
4. If you received a notice, note the date you received it and calendar 30 days.
5. Collect evidence about the child's school, activities and relationships.
6. Book a consultation before sending or answering a notice.

Frequently asked questions

Does the 60-day notice apply if there is no custody order?

The statute requires notice to every individual who has custody rights to the child (5337(c)(1)), and the statewide rule explains what to file when no custody case exists yet (Rule 1915.17(e)(1)).

Can I move within Delaware County without notice?

Only moves that significantly impair the other parent's custody rights are relocations (5322(a)). A short move that leaves the schedule workable usually is not, but the safest course is to discuss it and, if in doubt, give notice.

How fast is the hearing?

The statute and rule require an expedited full hearing before the move, with no parenting class or mediation first (5337(g)(1); Rule 1915.17(d)).

What if I have to move quickly for safety?

The ten-day notice applies when 60 days' notice was not reasonably possible and the move cannot be delayed (5337(c)(2)), and a failure to give notice caused by abuse can be mitigated (5337(k)). A protection order can also address custody in the short term.

Can a grandparent object to a move?

Anyone with custody rights to the child must receive notice and may object (5337(c)(1) and (d)(1)), which can include a grandparent who holds a custody order.

Who has to prove what?

The moving parent must prove the move is in the child's best interest; each parent must show the integrity of their motives (5337(i)).

Can the custody order be changed later even without a move?

Yes. A court may modify a custody order on petition to serve the child's best interest (5338), as described in how to change a custody or support order; see legal versus physical custody for the terms involved. Our family law page covers the related divorce and support questions.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation before you move or answer a relocation notice. Evening and weekend appointments are available.