New Pennsylvania Law Governs Relocating with Children Postdivorce

If you’re a resident of Pennsylvania and you’re planning to move with your children postdivorce, whether in or outside the state, you’ll want to know that Act 112 of 2010 went into effect in late January 2011. While the new statute governs several aspects of child custody, it also establishes a framework for the Pennsylvania court system to follow when ruling on a party’s request to relocate with a child following a divorce.

Under the Act, a party who wishes to move is required to give notice to anyone else with custodial rights to that child. The type of relocation triggering the adherence to the new law is one that would significantly inhibit the capability of the non-relocating party to exercise their custodial rights. The move needn’t be one outside the state of Pennsylvania; a relocation within the same county can even trigger the new law.

The parent seeking the relocation must notify the non-relocating party at least 60 days before the proposed move. Once notice is given, the non-relocating party has 30 days to oppose it and file a counter-affidavit explaining their opposition.

In addition to other information required by the new law, the relocation notice must state:

  • The reason for the relocation;
  • The child’s new residential address;
  • The name of the child’s new school; and
  • An amended custody schedule proposal.

If you are a divorced parent considering relocating with your children, be assured that Joanne E. Kleiner & Associates is prepared to advise you about your rights under Pennsylvania law.

Montgomery County Bar Association
Pennsylvania Bar Association
International Academy of Collaborative Professionals