Custody Relocation in Pennsylvania

Representation in relocation cases requiring court approval to protect parental rights and maintain family stability.

Custody Relocation

Relocating with a Child? Know the Law First – Kinney Law

If you are considering moving with your child—or your co-parent is proposing a move that would impact your custody rights—you must act with urgency and legal precision. At Kinney Law, we help parents navigate Pennsylvania’s strict relocation rules to protect their children and their legal rights.

With over 30 years of experience in custody litigation, Tim Kinney offers strategic counsel and skilled courtroom representation to address relocation disputes effectively—whether you are requesting a custody relocation or opposing one.

What Is Considered a Relocation?

Under 23 Pa.C.S. § 5337, a relocation is defined as a move that will significantly impair the other parent’s ability to exercise custodial rights. This includes moves out of state, across Pennsylvania, or even short-distance moves depending on many factors, including the existing custody schedule and co-parenting arrangement.

Relocation requires formal consent or court approval—failure to follow this process can result in legal consequences and loss of custody rights.

The Legal Requirements for Relocation

If you are seeking to relocate, you must:

  • Provide written notice to every individual with custody rights at least 60 days in advance (or within 10 days of knowing about the move if 60 days is not possible).
  • Include all required information under the statute, including the proposed new address, school district, reason for the move, and a proposed revised custody schedule.
  • Allow the other party the opportunity to object in writing within 30 days.

If there is an objection, the court will schedule a relocation hearing. Kinney Law prepares you for this hearing with thorough evidence and persuasive legal arguments focused on your child’s best interests.

How the Court Decides Relocation Requests

In evaluating whether to permit a relocation, Pennsylvania courts consider 10 specific factors under 23 Pa.C.S. § 5337(h), including but not limited to:

  • The nature and quality of relationships between the child and both parents
  • The age, development, and special needs of the child
  • The feasibility of preserving the non-relocating parent’s relationship
  • The reasons for the proposed move and any objections
  • Any history of abuse or attempts to alienate
  • Whether the relocation enhances the quality of life for the parent and child

Kinney Law will help you gather the necessary documentation and present a case that satisfies these factors clearly and convincingly.

The Kinney Law Advantage in Relocation Cases

  • Detailed Case Preparation: We analyze every relevant statutory factor and prepare documentation, witness testimony, and argument to support or challenge a proposed custody relocation.
  • Litigation Strength: Tim Kinney has decades of courtroom experience and a deep understanding of Pennsylvania custody laws and local practices—ensuring your case is presented with strength and accuracy.
  • Balanced Approach: We fight for what is right for your family, whether it means supporting a better opportunity through relocation or protecting your time and relationship with your child in opposing a relocation.
  • Clear Client Communication: Our secure Client Portal ensures you stay informed and involved every step of the way.

Don’t Risk Your Custody Rights

Custody relocation matters are high-stakes and time-sensitive. Whether you are seeking to move or need to oppose a proposed relocation, Kinney Law will give you the strategic and effective representation you need every step of the way.

Contact us today to schedule a consultation and protect your parental rights under Pennsylvania law.

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