Last updated November 2026
A new job, a remarriage, family support in another state. There are plenty of good reasons a parent may want to move. When there is a custody order or another parent with custody rights, Pennsylvania law sets out specific steps you must follow before you move with your child. Skipping them can hurt your case even when the move itself makes sense.
What counts as a relocation?
Pennsylvania defines relocation as a change in a child’s residence that significantly impairs the other parent’s ability to exercise their custody rights. A move across town may not qualify. A move to another county, another state, or far enough that the current schedule no longer works often does. If you are unsure, treat it as a relocation and give notice.
Can I move without the other parent’s permission?
Only if everyone with custody rights agrees, or the court approves the move. Moving first and asking later is one of the most damaging mistakes a parent can make. If you relocate before the court holds a hearing, the court cannot give you any presumption in favor of the move.
The 60-day notice requirement
The parent who wants to move must send written notice to every other person with custody rights by certified mail, return receipt requested. The notice is due at least 60 days before the move. If you could not have known about the move that far ahead, notice is due within 10 days after you learn of it.
The notice must include, if available, the new address, phone number, and mailing address. It must also list everyone who will live in the new home, the new school district and school, the moving date, and your reasons for moving. It must include a proposed revised custody schedule and a counter-affidavit the other parent can use to object. Finally, it must warn that they must object within 30 days. If any of that information changes or becomes known later, you must update it promptly.
Pennsylvania courts publish a standard Notice of Proposed Relocation form, and many county courts post it on their websites. Using the form helps make sure nothing required is left out.
How does the other parent object?
The other parent has 30 days from receiving the notice to file a counter-affidavit with the court and serve it by certified mail. There is also a standard Counter-Affidavit Regarding Relocation form, and the notice you receive should include a copy. If they object, the court must hold an expedited hearing before the move happens, except in true emergencies.
If proper notice was given and no objection was filed in time, the law presumes the other parent consents. The moving parent must still file paperwork with the court to confirm the relocation and update the custody order.
What do judges consider?
The court decides whether the move is in the child’s best interests. It gives weighted consideration to any factor that affects the child’s safety. The factors include:
- The child’s relationships with each parent, siblings, and other important people
- The child’s age, development, and needs, and how the move would affect them
- Whether the relationship with the other parent can realistically be preserved through a new schedule, considering travel and cost
- The child’s preference, based on age and maturity
- Whether either parent has a pattern of supporting or undermining the child’s relationship with the other
- Whether the move would improve life for the moving parent and for the child, including financially, emotionally, or educationally
- Each parent’s reasons for seeking or opposing the move
- Any past or present abuse and any continuing risk of harm
The parent who wants to move carries the burden of proving the move serves the child’s best interests. Both parents must show their reasons are made in good faith.
What happens if notice is not given?
The court can count it against the parent who moved. That can affect the relocation decision and the custody arrangement. The court can order the child returned, award the other parent’s counsel fees, or hold the moving parent in contempt. If abuse caused the failure to give notice, the court can take that into account.
Planning a move or responding to one
Relocation cases move quickly and turn on details. Whether you are planning a move or just received a notice, the 30-day deadline matters. Learn more about our custody work, or read how Kayden’s Law and the 2025 changes affect cases involving safety concerns.
Contact us.
Relocation Questions We Hear Often
Do I need to give notice if I am moving within the same county?
Not always. Notice is required when the move would significantly impair the other parent’s custody time. When in doubt, giving notice protects you.
What if I miss the 30-day objection deadline?
If you received proper notice and did not object in time, the law presumes you consent, and the court will likely not hear testimony challenging the move later. Do not wait any longer. Contact an attorney as soon as possible to find out whether it is truly too late in your situation.
Can I move temporarily while the case is pending?
Only with consent or court approval. In emergencies the court can allow a move before the hearing. Otherwise, moving early can work against you.