Best Relocation Lawyers in Pennsylvania

When a Pennsylvania move requires court approval

Pennsylvania relocation law applies when a parent with custody rights proposes a move that would significantly impair another person’s ability to exercise custody rights. The issue is not distance alone: a move across town may affect parenting time, while a farther move may not, depending on the existing schedule and travel demands.

Unless every person with custody rights gives written consent, the parent proposing relocation generally must obtain court approval before moving. The parent must provide written notice at least 60 days before the proposed move, or within 10 days after learning of the move if giving 60 days’ notice was not reasonably possible. Notice must be sent by certified mail, return receipt requested.

A person who objects generally must file a counter-affidavit with the court within 30 days after receiving notice and serve the other parent. The court considers the relocation factors in Pennsylvania law, including the child’s relationships, the reasons for and against the move, and ways to preserve contact with the other parent. The court also applies the child’s best-interest standards in custody cases.

When a relocation lawyer can help

• You have received notice that the other parent plans to move, and the proposed schedule or travel arrangements could substantially reduce your time with your child.
• You are considering a move for a new job, housing, family support, or safety, and need to understand notice requirements and prepare a workable parenting plan.
• The other parent objects, or you need to respond to a counter-affidavit and meet the court’s filing and service requirements.
• You missed or may miss the 60-day notice period, or the move is imminent and you need advice on how to address the timing with the court.
• Your current custody order has a detailed schedule that may no longer work after a move between Pennsylvania counties or to another state.
• You and the other parent agree on the move but need to document revised custody and transportation arrangements in a court order.

Pennsylvania laws that govern relocation

The Pennsylvania Custody Act, 23 Pa.C.S. Chapter 53, includes Section 5337, “Relocation.” It sets out notice and objection procedures, the court’s decision-making factors, and the requirement to obtain consent or court approval before a covered relocation.

Section 5328 of the Pennsylvania Custody Act lists the best-interest factors courts consider when making custody decisions. Those factors can matter when a relocation request also requires the court to establish or change a custody schedule.

Pennsylvania Rule of Civil Procedure 1915.17 addresses notice of a proposed relocation. The applicable court forms, filing steps, and scheduling practices may also depend on the county where the custody case is pending.

Frequently asked questions

What counts as a relocation in Pennsylvania?

A move is a relocation when it would significantly impair another person’s ability to exercise custody rights. The effect on the existing custody arrangement matters, so there is no single mileage threshold that decides every case.

How much notice must I give before moving?

Give written notice at least 60 days before the proposed move. If that is not reasonably possible, provide notice within 10 days after learning of the move, following the statutory notice requirements.

Can I move if the other parent agrees?

Written consent from every person with custody rights can satisfy the consent requirement. Put the agreement and any revised custody schedule in writing, and consider asking the court to approve an updated order.

What if the other parent objects?

The objecting person generally must file a counter-affidavit within 30 days after receiving notice and serve it on the relocating parent. A lawyer can check the required filing and advise whether a custody petition is also needed.

Can I move before the court decides?

If the move qualifies as a relocation, do not assume that notice alone authorizes it. Obtain the other party’s written consent or court approval before relocating, unless a lawyer confirms that a specific exception applies.

How does the court decide whether to approve a move?

The court considers statutory relocation factors and the child’s best interests. These include the child’s relationships, the reasons for and against the move, and whether a realistic schedule can preserve the child’s relationship with the other parent.

Does the relocation law apply if there is no custody order yet?

Whether the law applies depends on the custody rights involved, not only on whether a final order exists. Get advice before moving if another person has custody rights or a pending custody case concerns the child.

How long does a relocation case take?

There is no single statewide timetable for a contested case. Timing depends on the county court’s calendar, whether the parents agree, and whether the court needs testimony or additional evidence.

How much does a relocation lawyer cost?

Fees vary by lawyer, county, and the amount of negotiation or litigation required. Ask about the initial retainer, hourly rate, likely additional costs, and whether the lawyer can handle a limited part of the case.

Can a relocation request change the custody schedule?

Yes. The court may need to establish or modify custody arrangements to address the proposed move, travel, holidays, and school breaks. Any revised schedule must serve the child’s best interests.

Does the child get to decide whether to move?

The court may consider the child’s well-reasoned preference, taking the child’s maturity and judgment into account. The child does not make the decision alone.

Do I have to hire a lawyer?

You may represent yourself, but relocation cases involve strict notice and filing deadlines and can affect long-term custody arrangements. A Pennsylvania custody lawyer can assess the facts, prepare filings, and help present a practical parenting plan.

Official Pennsylvania resources

• Pennsylvania Courts: Provides statewide court information, rules, and custody resources. The Pennsylvania Courts website is at pacourts.us.
• The Court of Common Pleas in the county handling the custody case: Provides local filing information, hearing procedures, and applicable county court rules.
• Pennsylvania Legal Aid Network: Connects eligible residents with civil legal aid providers, including help with family-law matters. Its directory is available at palawhelp.org.

Next steps for finding and hiring a relocation lawyer

1. Gather your records within a few days. Collect custody orders, proposed move details, school information, relevant messages, and a calendar showing current parenting time.
2. Check deadlines immediately. Note the date you received or plan to send relocation notice, and the 30-day objection deadline if you received notice.
3. Find Pennsylvania custody lawyers promptly. Use a trusted referral source or consult the Pennsylvania Legal Aid Network if cost is a concern.
4. Arrange consultations before sending or responding to formal notice, if possible. Ask whether the lawyer handles relocation cases in the county where your custody matter is pending.
5. Compare the proposed legal plans and fees. Ask about the retainer, billing method, likely court costs, communication, and who will prepare and file documents.
6. Choose counsel and agree on scope in writing. Confirm the lawyer’s responsibilities, payment terms, and immediate deadlines, then provide the records needed to prepare your case.