How to Legally Relocate Out of Pennsylvania with a Child: The Section 5337 Guide

Understanding Relocation Laws in Pennsylvania

Moving to a new state with your child is one of the most legally complex processes in family law. If there is an existing custody order-or even if you are just separated and no order exists yet-Pennsylvania law heavily restricts your ability to move away. Governed by 23 Pa.C.S. § 5337 and procedural notice requirements under Pa.R.C.P. No. 1915.17, relocation is defined as any move that significantly impairs the ability of the non-relocating parent to exercise custody rights. Whether you live in Philadelphia, Pittsburgh, or Allentown, you cannot simply pack up and leave. Doing so without court permission or the other parent's consent can result in an emergency order forcing the child's return and potentially costing you custody. Finding a skilled family law attorney from our US Lawyer Directory is vital before making any moving plans.

The Burden of Proof: Enhancing the Child's Life

If the other parent objects to your move, the burden of proof falls entirely on you. Under 23 Pa.C.S. § 5337(h), the judge will evaluate ten specific factors. The most critical factor is demonstrating how the relocation will substantially enhance the quality of life for both you and your child. Precedents such as C.M.K. v. K.E.M., 45 A.3d 417 (PA Superior Court 2012) show that Pennsylvania courts heavily weigh financial improvements, better educational opportunities, and the presence of extended family support.

Military Deployments and PCS Moves

Military families face unique challenges. If you receive Permanent Change of Station (PCS) orders, you might assume you can automatically take your child. However, Pennsylvania law still requires you to follow the relocation process. While courts generally recognize military orders as a legitimate, non-malicious reason for moving, you still must prove how the new base environment and the move itself serve the child's best interests compared to staying behind with the other parent.

Corporate Executive Transfers

If your company transfers you to another state with a massive pay raise, this is a strong argument for "life enhancement." However, a judge will want to see concrete evidence. Your attorney will need to present your new employment contract, comparisons of the cost of living, and data showing the quality of the new school district to prove the financial gain actually benefits the child.

CDL Truckers Moving for Better Routes

For CDL drivers who need to relocate to a different hub (like moving from Harrisburg to Ohio) for better routes and home-time, the court will closely examine your new schedule. If the move allows you to spend significantly more time with the child rather than being on the road for weeks, this can be a compelling argument for relocation.

Trailing Spouses Returning to Home States

Often, after a divorce, a spouse wants to return to their home state to be near their extended family for emotional and financial support. While having grandparents nearby to help with free childcare is an excellent point, the court will balance this against the disruption to the child's relationship with the parent remaining in Pennsylvania.

Step-by-Step Relocation Process in Pennsylvania

Navigating the local court system, such as the Allegheny County Court of Common Pleas, Pittsburgh or the Philadelphia County Court of Common Pleas, Family Court Division, Philadelphia, requires strict adherence to procedural timelines.

Step 1: Sending the 60-Day Notice

You must send a formal Form Pa.R.C.P. 1915.17(i), Pennsylvania, Supreme Court of Pennsylvania, Notice of Proposed Relocation to every individual who has custody rights. This must be sent via certified mail, return receipt requested, at least 60 days before the date of the proposed move.

Step 2: The Counter-Affidavit

The notice must include a blank Form Pa.R.C.P. 1915.17(j), Pennsylvania, Supreme Court of Pennsylvania, Counter-Affidavit Regarding Relocation. The non-relocating parent has 30 days to fill this out, indicating whether they object to the move, the modification of the custody schedule, or both. If they do not object within 30 days, you can generally file a petition to confirm the relocation without a hearing.

Step 3: Custody Conciliation

If the other parent objects, the court will schedule a custody conciliation or mediation. A court-appointed conciliator will meet with both attorneys to attempt to reach an agreement, such as giving the non-relocating parent most of the summer and all major holidays to make up for lost weekends.

Step 4: The Relocation Trial

If no agreement is reached, the case proceeds to a full evidentiary hearing before a judge. You will need to bring witnesses, financial documents, and school records to prove the ten factors of 23 Pa.C.S. § 5337(h).

How Much Does it Cost in Pennsylvania?

Relocation cases are highly contested and often resemble a full custody trial, making them expensive.

How Long Does the Process Take?

If the other parent agrees, the process can be finalized in 30 to 45 days. If the case goes to trial, securing a hearing date in busy Pennsylvania courts can take 4 to 8 months, which means you must plan your move far in advance.

Frequently Asked Questions (FAQ)