A move that limits how often another parent sees their child requires strict compliance with court procedures. Statutory rules under Pennsylvania child custody law apply whether a move goes across state lines or stays within state borders.
Rules for a parent who wants to move
A parent who wants to relocate must notify everyone who has custody rights to the child. Notice must go out by certified mail with return receipt requested at least 60 days before the move or within 10 days of learning about the move if early notice was impossible. The written notification must contain 11 specific disclosures:
- New address, mailing location and the names and ages of new household members
- Reasons for the move and planned date of relocation
- Proposed new custody schedule and new school details
- Official 30-day objection warning and a blank counter-affidavit form
Leaving out any required item can pause the case and hurt your request in court.
How a non-custodial parent can object
A parent who disagrees with the move has 30 days from receiving notice to respond. That parent must file a verified counter-affidavit with the court and serve it on the moving parent by certified mail, return receipt requested. Actions an objecting parent can take include:
- Filing the counter-affidavit within 30 days
- Asking the court for an expedited hearing
- Filing for emergency custody if the other parent leaves without approval
Failing to object within 30 days blocks a parent from stopping the move. The court can then confirm the relocation and modify custody upon request from the moving parent.
What happens in court during a relocation dispute
Filing a timely objection stops the moving parent from relocating the child until a judge makes a ruling. The court schedules a hearing where the relocating parent must prove that the move serves the best interest of the child. Judges review how the move affects the child, the reasons from each parent and potential schedule updates.
Legal options for your custody case
Relocation disputes involve strict court deadlines and detailed filing requirements. Speaking with a family law attorney can help you protect your rights during this process.