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Legal Information: Pennsylvania

Custody

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Updated: 
February 5, 2020

If the other parent objects to the move, what happens?

If the other parent/person with custody rights objects, s/he must file an objection with the court within 30 days of receiving your proposed relocation notice and s/he has to serve a copy to you by certified mail, return receipt requested.  Then, the judge will hold a hearing to decide if you can relocate.1  Note: Even if no objection is filed, you have to file certain documents with the court before relocating.2  Go to section 5337 of the law on our PA Statutes page, and look at section (e) to see what you need to file.  Normally, the judge will hold the hearing after receiving the other parent’s objection and before the relocation occurs but it is possible that the judge could decide on his/her own that a hearing is necessary and hold a hearing even before receiving the other parent’s objection.  In some cases, if the judge believes that there are emergency circumstances, the judge could approve the relocation first and then hold a hearing to make a final decision.3  (However, this doesn’t necessarily mean that the judge’s ultimate decision after a hearing would favor you.)4  If the judge approves the proposed relocation, s/he will modify any existing custody order or establish the terms and conditions of a custody order.5

1 23 Pa.C.S.A. § 5337(d)(2)
2 23 Pa.C.S.A. § 5337(e)
3 23 Pa.C.S.A. § 5337(g)(1)-(3)
4 23 Pa.C.S.A. § 5337(l)
5 23 Pa.C.S.A. § 5337(g)(4)