A move can make an existing custody schedule difficult to follow when greater distance affects a child’s time with either parent. Pennsylvania law may treat a move as a relocation when it significantly interferes with the other parent’s custody rights. Our relocation custody attorneys in Harrisburg, PA can help you navigate the stages of relocation and develop an arrangement that accounts for your child’s needs.

Parental Relocation Under Pennsylvania Law

Moving homes with your child does not automatically create a custody relocation issue. Moving from Colonial Park to Linglestown may have little effect on an existing custody schedule if school, transportation, and parenting time can continue without significant changes. 

However, a move from Harrisburg to Mechanicsburg or another nearby community could have a greater impact depending on the existing custody order. The legal significance of the move depends on its effect on the existing custody relationship, not the number of miles involved.

A relocation often requires a new custody schedule designed around the move. A schedule that worked when parents lived minutes apart may become unrealistic when the distance requires several hours of driving. Our lawyers can help you develop a revised parenting plan that addresses those practical problems, such as outlining proposed ideas for how weekends, school vacations, and extended holiday periods will be handled. 

Notice and Objection Requirements

Under 23 Pa.C.S. § 5337, a proposed relocation generally cannot occur without the consent of every individual with custody rights or approval from the court. The parent planning the move must usually give the other parent written notice by certified mail. Failing to give notice can affect custody, require the child to return, result in payment of the other parent’s legal expenses, or lead to contempt. The notice must outline the:

• New home address

• New school

• Planned moving date

• Reasons for the move

• Proposed custody schedule

If the non-moving parent objects, they must file their objection with the court and serve it on the parent who plans to move. If no objection is filed, the law generally treats the move as approved. The moving parent must then file the required paperwork with the court before relocating.

If the other parent objects, the court will typically hold an expedited hearing before the move takes place. The parent requesting the relocation has the responsibility to show that the move is in the child’s best interest. 

Relocation Factors

When deciding whether to allow a relocation, the court looks at how the move will affect the child and the child’s relationships with both parents. The court considers factors such as:

• The child’s age and needs

• The child’s schooling needs

• The child’s emotional development

• The parents’ ability to maintain their relationship with the child after the move

• The child’s preference when appropriate

• Each parent’s reasons for supporting or opposing the move

• Any history of abuse or safety concerns

Mette Attorneys at Law can help you present relevant evidence so the court can evaluate how the proposed move would affect your child’s well-being. 

Get Experienced Representation from Our Harrisburg Parental Relocation Lawyers

A relocation can be stressful for both parents and children, especially when a move could change where a child lives and how they spend time with each parent. Our parental relocation lawyers in PA can provide strong legal advocacy during your unique case. Call 717-232-5000 or contact us online today to discuss your situation.