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 intend to change your child’s residence, you must notify every person who currently has
custodial rights to the child.
To begin the relocation process, file the following documents at the Department of Court Records
(DCR), located at 414 Grant Street, Pittsburgh, PA 15219:
1. Notice of Proposed Relocation
2. A Custody Complaint or a Petition for Modification (if a custody order already exists)
3. A Criminal Record/Abuse History Verification Form
Notice must be provided to the other party at least 60 days before the intended relocation. If you are
unable to give 60 days’ notice due to circumstances beyond your control, notice must be provided
within 10 days of learning about the intended relocation.
In addition to serving the other party with the Notice of Proposed Relocation, you must also serve:
• A completed copy of your Criminal Record/Abuse History Verification form
• A blank copy of the Criminal Record/Abuse History Verification form
• A blank Counter-Affidavit Regarding Relocation
• Instructions for opposing the relocation
These documents must be served by certified mail, return receipt requested, restricted delivery
(addressee only), or in another manner permitted by Pa.R.C.P. 1930.4.
If No Objection Is Received:
If the other party does not return the counter-affidavit indicating objection, you have two options:
1. If the proposed change does not significantly impact the other party’s custodial rights, it may
not be considered a “relocation” under the law.
2. If you want the Court to confirm the relocation and update the custody order, you may file:
• A Petition to Confirm Relocation
• A proposed Order containing the information required under 23 Pa.C.S. § 5337(c)(3)
• Proof that proper notice was served
• File your petition as a motion before the assigned Judge.
If Objection Is Received:
If you receive a counter-affidavit indicating that the other party objects, you must file:
1. A copy of the Notice of Proposed Relocation
2. A copy of the completed Counter-Affidavit
3. A copy of the Criminal Record/Abuse History Verification Form
Filing Fees:
There are fees associated with filing a custody complaint or petition for modification at the DCR. If you
are unable to afford the filing fee, you may request a fee waiver.
Relocation Instructions for the Party Opposing Relocation
You have received notice that the other party in your custody case intends to change the child’s
residence. You have 30 days to object to the relocation. After this 30-day period, you may lose the ability to oppose the move.
If You Were Served with a Notice of Proposed Relocation and You Oppose It:
If the other party has not already filed a court action related to the relocation, you may initiate a response by filing:
1. A Complaint for Custody or Petition for Modification (if there is an existing custody order);
2. The Counter-Affidavit Regarding Relocation that you received;
3. A Request for Hearing or Judicial Conciliation to be scheduled by:
• Visiting the Docket Clerk in Room 309 of the Family Law Center; or
• Emailing the Docket Clerk at adultjudicialscheduling@alleghenycourts.us
4. A Criminal History/ Abuse Verification Form
If You Were Not Served But Know the Other Party Intends to Relocate:
You may still file the following:
1. A Complaint for Custody or Petition for Modification (if a custody order is already in place);
2. A Counter-Affidavit Regarding Relocation;
3. A Request for Hearing or Judicial Conciliation (see above for how to schedule).
4. A Criminal History/ Abuse Verification Form
Please note: There are fees for filing custody complaints and petitions. If you cannot afford the filing fee, you may file a request to waive the fees.