blog home Child Custody When One Parent Wants to Move: How Relocation Battles Are Handled in Custody Cases

When One Parent Wants to Move: How Relocation Battles Are Handled in Custody Cases

By Sheryl Rentz on May 14, 2025

Few custody issues are more emotionally charged than relocation. When one parent wants to move—whether for a new job, family support, or a fresh start—the decision impacts not just their life, but the child’s relationship with the other parent.

In Pennsylvania, these cases are governed by strict laws that put the best interests of the child above all else. But understanding how child relocation custody is handled in Montgomery County, PA, is key to protecting your rights and planning your case.

At The Law Offices of Sheryl R. Rentz, P.C., we frequently represent parents on both sides of these disputes—those seeking to relocate and those trying to prevent a move they believe would harm their parent-child bond.

What Is Considered a “Relocation” in Pennsylvania?

Under Pennsylvania law, a relocation refers to any move that:

• Significantly impairs the non-relocating parent’s ability to exercise custodial rights.
• Occurs outside the geographic scope of the current custody agreement or court order.

This could mean moving abroad, across the state, or to another region. But even shorter moves can qualify as relocation if they disrupt parenting time or make frequent contact more difficult.

Providing Proper Notice

Pennsylvania law requires a parent seeking relocation to provide written notice to the other parent at least 60 days before the intended move, or within 10 days of learning about the move if 60 days’ notice isn’t possible.

The notice must include:

• The proposed new address
• The names of anyone else who will live with the child
• The new school and district information
• The reasons for the move
• A revised parenting plan for long-distance custody
• A counter-affidavit that the non-relocating parent can use to object

Failure to follow this process can result in the court denying the relocation or penalizing the relocating parent.

The Other Parent’s Right to Object

Once the notice is served, the other parent has 30 days to file an objection with the court. If they do, a relocation hearing will be scheduled. Until the court approves the move, the relocating parent may not proceed with the relocation, even if they believe it’s in the child’s best interests.

This legal safeguard prevents unilateral decisions and gives both parents the opportunity to present evidence.

The Court’s Evaluation

If the case proceeds to court, the judge will evaluate the relocation request under a detailed framework outlined in 23 Pa. C.S. § 5337(h). There are 10 key factors:

1. The nature and quality of relationships between the child and each parent
2. The age and developmental stage of the child
3. The feasibility of preserving the child’s relationship with the non-relocating parent
4. The child’s preferences (if of suitable age and maturity)
5. Whether the relocation will enhance the quality of life for the parent and child
6. The motivation of each parent in making or opposing the move
7. The potential impact on extended family relationships
8. Educational, health, and emotional benefits of the move
9. Any history of abuse
10. Other relevant factors affecting the child’s well-being

The burden of proof lies with the relocating parent to demonstrate that the move is in the child’s best interests and that they’ve made a good faith effort to maintain the child’s relationship with the other parent.

Real-World Custody Relocation Scenarios

Scenario 1: Job Relocation

A parent receives a lucrative job offer in another state. While the move could improve financial stability, it also means the child will no longer see the other parent weekly. In this case, the court may consider whether:

• Virtual visits or longer school breaks can preserve the relationship
• The non-relocating parent supports or contests the move
• The child’s current school, friends, and community connections would be disrupted

In such move-away custody cases, courts weigh economic benefits against emotional stability and continuity.

Scenario 2: International Move

If a parent seeks to move abroad, perhaps due to remarriage or citizenship issues, the court will probably take an even closer look at:

• Travel costs and logistics for visitation
• The legal system in the destination country
• Whether the other parent will have access to the child
• Potential barriers to enforcing U.S. custody orders overseas

In cases involving parents living in different countries, the court often leans toward denying relocation unless robust safeguards are in place.

Crafting a Long-Distance Parenting Plan

When a relocation is approved, the parenting plan must be adapted to reflect the new reality. This might include:

• Extended holiday and summer visitation periods
• Virtual contact (FaceTime, Zoom) built into weekly routines
• Shared travel responsibilities and expense agreements
• Adjusted pick-up/drop-off locations or supervised exchanges if necessary

A well-crafted parenting plan for long-distance custody agreement complies with court orders, and it can also reduce conflict by setting clear expectations.

At The Law Offices of Sheryl R. Rentz, P.C., we help clients draft relocation-friendly parenting plans that support stability and preserve the parent-child bond, no matter the miles.

Why Legal Representation Matters in Relocation Cases

Relocation cases are some of the most contentious and legally complex in family court. The stakes are incredibly high, especially when the move would significantly alter the child’s relationship with one parent.

Whether you are trying to relocate or fighting to keep your child nearby, you need a lawyer who:

• Knows Montgomery County courts and local procedures
• Understands how to frame arguments around best interest factors
• Can introduce compelling evidence and credible witnesses
• Is prepared to handle high-conflict custody disputes

Attorney Sheryl R. Rentz brings over 30 years of experience in Pennsylvania family law and has successfully handled numerous custody relocation requests in Pennsylvania, including out-of-state and international moves.

Talk to a Montgomery County Divorce and Family Law Attorney Today

If you’re considering a relocation or trying to prevent one, it’s important to act quickly. Decisions made now will shape your child’s future and your role in it. The Law Offices of Sheryl R. Rentz, P.C., will provide you with a clear understanding of your rights and responsibilities.

Call (610) 645-0100 to schedule a confidential consultation today, or visit us at www.srrentzlaw.com to learn how we help parents in Montgomery County navigate complex custody relocation cases with care and authority.