Custody & Relocation

CUSTODY & RELOCATION

Pennsylvania has a section of the custody statute, Section 5337, which addresses the relocation of one party who is party to a custody Order. The section provides that no party shall relocate unless every individual who has custody rights to the child consents to the proposed relocation or the court approves the proposed relocation. Notice must be sent to the other party at least SIXTY DAYS in advance of such requested relocation. If the matter goes to court, the Judge will consider the following factors when determining whether or not to grant the requested relocation.

Relocation factors. --In determining whether to grant a proposed relocation, the court shall consider the following factors, giving weighted consideration to those factors which affect the safety of the child:
  1. The nature, quality, extent of involvement and duration of the child's relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child's life.
  2. The age, developmental stage, needs of the child and the likely impact the relocation will have on the child's physical, educational and emotional development, taking into consideration any special needs of the child.
  3. The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.
  4. The child's preference, taking into consideration the age and maturity of the child.
  5. Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party.
  1. Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity.
  2. Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity.
  3. The reasons and motivation of each party for seeking or opposing the relocation.
  4. The present and past abuse committed by a party or member of the party's household and whether there is a continued risk of harm to the child or an abused party.
  5. Any other factor affecting the best interest of the child.
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