Relocation is defined as any move with the child which significantly impacts the other party’s custodial rights. This may be a move within the county, or out of county or state. The party requesting to move must file a notice of proposed relocation and serve that along with a counter-affidavit on the opposing party. The opposing party has time to object and request an expedited conciliation/hearing, which would be scheduled before the Judge of Record.
Relocation Instructions for the Relocating Party
If you want to change your child’s residence, you must notify every other person who has custodial rights to the child. This notice shall take the form in Attachment A of this packet, Notice of Proposed Relocation. In order to request relocation, you must fill out and file the following documents at the Department of Court Records, 414 Grant Street, Pittsburgh, PA 15219:
- The Notice of Proposed Relocation
- A custody complaint
- A petition for modification, if there is a current custody order in place
You must notify the other party 60 days in advance of the intended move. If you cannot provide 60 days advance notice, you must notify the other party within 10 days after you know you intend to move. You can only provide less than 60 days of notice if you didn’t know or couldn’t have reasonably known about the move in sufficient time to comply with the 60 days of notice requirement.
Not only do you have to serve the other party with the Notice of Proposed Relocation, you must also provide a counter-affidavit by which the other party may agree or object, as well as the instructions to oppose relocation. All three documents shall be sent to the other party by certified mail, return receipt requested, addressee only or pursuant to Pa.R.C.P. No. 1930.4.
The other party has 30 days to notify you that they oppose the relocation. If you don’t receive the counter-affidavit indicating that the other party objects, you have two options:
- You can simply change the child’s residence and this will not be considered a “relocation” under the statute or rule.
- If you want an order confirming your ability to relocate, you need to file:
- A petition to confirm relocation (Attachment F) and
- A proposed order including the information set forth at 23 Pa.C.S. §5337(c)(3).
- If you choose this option, you would file your petition to confirm relocation as a motion before the assigned Judge and bring proof that you properly served the other party with your notice of proposed relocation.
If you have received notice of objection to the proposed move from the counter-affidavit, you need to file
- A copy of the notice of proposed relocation that you served on the other party
- A copy of the counter-affidavit indicating objection to relocation.
Please understand that there are fees for filing a custody complaint or petition for modification at the Department of Court Records. If you cannot afford the filing fee, you may petition the court to have the fees waived.
Relocation Instructions for the Party Opposing Relocation
You have been provided notice that the other party in your custody case is attempting to change the residence of the child. You have 30 days to object to the relocation, after which time, you may be barred doing so.
If you have been served with a notice of proposed relocation and you oppose the relocation and the party proposing relocation has not initiated a court proceeding to solve your dispute, you can file:
- A complaint for custody or petition for modification, if there is an existing custody order in place
- The counter-affidavit you have been served with and
- A request for hearing or judicial conciliation to decide the matter. These court events can be scheduled at the Docket Clerk’s office in the Family Law Center in Room 309 or emailing the Docket Clerk at adultjudicialscheduling@alleghenycourts.us
If you have not been served with a notice of proposed relocation but you know that the other party intends to relocate with the child, you can file:
- A complaint for custody or petition for modification, if there is an existing custody order in place
- A counter-affidavit
- A request for a hearing or judicial conciliation to decide the matter. These court events can be scheduled at the Docket Clerk’s office in the Family Law Center in Room 309 or emailing the Docket Clerk at adultjudicialscheduling@alleghenycourts.us
Please understand that there are fees associated with filing a complaint for custody or a petition for modification. If you cannot afford the filing fee, you may petition the court to have the fees waived.