Karen Ann Ulmer, P.C.
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Posts tagged "relocation factors"

Child's Relocation

Pennsylvania's custody relocation statute, 23 Pa C.S. 5337, requires the party seeking relocation to get court approval or the other parent's permission prior to relocation. A relocation is defined as any move that would "significantly impair the ability of the nonrelocating party to exercise custodial rights." Case law has established that when neither parent moves but the child is moving, Section 5337 is not triggered. In D.K. v. S.P.K., 102 A.3d 467 (Pa. Super. 2014), the Father was located in Pittsburgh, PA with the children and Mother was located in North Carolina. Mother was subsequently awarded primary custody resulting in the children moving to North Carolina. This was not considered a relocation since neither parent had moved, however, the court did state that certain factors in Section 5337(h) should be considered due to the impact on the children.

Custody Relocation Procedures

In a custody matter, court approval or permission of the parent is required prior to a relocation. A relocation would be any move that substantially interferes with the custodial rights of the other parent. 23 Pa CS 5337 lays out the specific procedures to be followed in the event of a proposed relocation. First, the party seeking relocation should give 60 days notice to the other parent by certified mail, return receipt requested. If not possible to give 60 days notice, notice should be given within 10 days of becoming aware of the relocation. The notice of relocation should include as much information as possible regarding the new address including names and ages of individuals who will be residing there, home telephone number, name of new school district and school, and date of proposed relocation. A counter-affidavit should also be supplied with the notice giving the other party the opportunity to object to the relocation. 

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