Marc R. Lynde, Esq.
Moving out of state with your children while custody is disputed or shared is one of the most consequential decisions in family law. Pennsylvania law has strict procedural rules about relocation, and failure to follow them can result in contempt, attorney fees, and even the loss of custody. Whether you're the parent seeking to move or the one trying to prevent it, understanding 23 Pa.C.S. § 5337 is essential.
Under § 5337(b), no relocation shall occur unless: (1) every individual who has custody rights to the child consents to the proposed relocation, or (2) the court approves the proposed relocation. This is absolute. There is no exception for hardship, emergency, or inconvenience. If you have custody rights and the other parent does not consent, you must get a court order before moving or you will be in violation of the custody order and potentially subject to contempt.
The statute applies broadly to any relocation, including military relocation (subject to 51 Pa.C.S. Ch. 46). It covers all custodial arrangements: sole custody, shared custody, and even cases where the other parent has only visitation rights.
If you intend to relocate with a child, you must provide notice by certified mail, return receipt requested, no later than the 60th day before the proposed relocation (§ 5337(c)(1)-(2)). This notice must go to every person who has custody rights to the child: typically the other parent, but also any third party with court-ordered custody rights (e.g., a grandparent).
The 60-day notice requirement has narrow exceptions. If you did not know and could not reasonably have known of the relocation in sufficient time to comply, and it is not reasonably possible to delay the move to meet the 60-day deadline, you may provide notice as soon as practicable: but no later than the 10th day after you knew of the relocation (§ 5337(c)(2)(ii)). This exception is rarely accepted without hard evidence that the notice was genuinely impossible earlier (job loss, eviction, sudden family emergency).
Your relocation notice must include (§ 5337(c)(3)):
The notice is not optional. If you fail to provide it, § 5337(j) allows the court to sanction you heavily: including ordering you to pay the other parent's attorney fees, requiring you to return the child to the other parent, or even finding you in contempt.
Once proper notice is served, the other party has 30 days to file a counter-affidavit with the court objecting to the relocation (§ 5337(d)(1)). This counter-affidavit must be filed with the court in writing and served on the relocating parent by certified mail, return receipt requested. If the deadline passes without an objection, it is presumed that the non-relocating party has consented, and the relocation may proceed (§ 5337(d)(3)).
The statute contemplates three possible responses in the counter-affidavit: (1) no objection to relocation and no objection to modification of custody; (2) no objection to relocation but objection to custody modification; or (3) objection to both relocation and custody modification. Each option has different consequences for timing and hearings.
If the non-relocating parent objects, the relocating parent bears the burden of proof. The court will consider 10 specific factors in determining whether to approve the relocation, giving weighted consideration to factors that affect the safety of the child :
The relocating parent carries the burden of proving by clear and convincing evidence that the relocation will serve the best interest of the child (§ 5337(i)(1)). This is a high standard. In our practice, we've seen this require substantial evidence about improved employment, educational opportunities, remarriage, or safety concerns that genuinely benefit the child, not just the parent.
Pennsylvania courts also apply the framework originally articulated in Gruber v. Gruber , 583 A.2d 434 (Pa. Super. 1990), now largely incorporated into the statutory factors under § 5337. The core principle remains: the best interest inquiry must be child-centered, not adult-centered. Courts are skeptical of relocations motivated primarily by adult convenience, romantic relationships, or desires to distance a child from the other parent. The test asks whether the relocation materially furthers the child's interests in a way that outweighs the burden of maintaining the relationship with the non-relocating parent.
While § 5337 does not establish an automatic 150-mile rule, Pennsylvania case law and the procedural rules treat relocations beyond approximately 150 miles as presumptively significant enough to warrant court review. The statute focuses on whether relocation "significantly impairs" the ability of the non-relocating parent to exercise custodial rights. Distance is one factor, but not the only one. A move 200 miles away with structured, financially-supported custody exchanges may be approvable, while a move 80 miles away that makes visitation impossible may not be.
Relocation Without Proper Notice Is Contempt
If you relocate before serving the 60-day notice or without getting court permission, you expose yourself to significant risk. The court may order you to return the child, sanction you for attorney fees, modify custody against you, or find you in contempt. Do not move first and notify later.
Relocation cases are expedited under Pa.R.Civ.P. 1915.17. If the other parent timely objects, the court must hold an expedited full hearing on the relocation before the child moves (§ 5337(g)(1)). There is no requirement for parenting education or mediation prior to the expedited hearing. The court may approve relocation pending a full expedited hearing only in cases of "exigent circumstances": a narrow exception (§ 5337(g)(3)).
The procedure is designed to be fast. In Bucks County, relocation hearings typically occur within 30-60 days of an objection being filed. Failure to provide adequate notice, however, eliminates the presumption in favor of the relocation (§ 5337(l)) and gives the court grounds to order the child returned.
If the non-relocating parent does not object to relocation but objects to modification of the custody schedule, the court will hold a hearing to establish the terms of the custody order post-relocation (§ 5337(f)). If both parties agree on the new custody schedule, the court can modify the order without a full hearing.
This is critical: even if relocation is approved, the court will revisit custody terms. A parent cannot expect to maintain the same custody schedule if moving 1,500 miles away. Remote visitation, summer visits, transportation sharing, and virtual parenting time all become relevant.
Under § 5337(j), the court may treat failure to provide reasonable notice as:
If abuse is involved, the failure to provide notice may be mitigated (§ 5337(k)). This exception is narrow and requires proof of abuse under 23 Pa.C.S. § 6102.
If the other parent proposes to relocate with the child, you have a 30-day window from receiving the notice to file a counter-affidavit objecting. File it with the court and serve a copy on the other parent by certified mail immediately. Document why the relocation is not in the child's best interest. Secure an attorney quickly, as relocation cases move fast.
Do not delay. Missing the 30-day deadline forecloses you from objecting to the relocation (§ 5337(d)(4)). If you don't file, the court will not accept testimony challenging the relocation later. This is absolute.
If you're considering relocation: Consult an attorney before serving notice. Ensure your reasons are child-centered, not adult-centered. Prepare a detailed proposal for maintaining the other parent's relationship with the child. Be realistic about logistics and costs. Consider whether the timing aligns with custody schedules, school calendars, and the other parent's ability to respond.
If you're opposing relocation: File your objection immediately upon receiving notice. Gather evidence about the child's connections to the current location: school, friends, extended family, activities. Document the logistical and financial burden of maintaining visitation from a distance. Propose alternatives if applicable.
Statutory content on this page was last verified against Pennsylvania statutes (23 Pa.C.S.) and Rules of Civil Procedure: March 2026 . If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.
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