What Must Go Into a Notice to Relocate?

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A parent who wants to relocate shall notify each person who has custody rights to the child by certified mail, return receipt requested.  No relocation is to occur without the consent of all parties or unless a court approves it.  Section 5337(c) requires that the notice contain the following: 

  1. The address of the intended new residence.
  2.  The mailing address, if not the same as the address of the intended new residence.
  3. Names and ages of the individuals in the new residence, including individuals who intend to live in the new residence.
  4.  The home telephone number of the intended new residence, if available.
  5. The name of the new school district and school.
  6. The date of the proposed relocation.
  7. The reasons for the proposed relocation.
  8. A proposal for a revised custody schedule.
  9. Any other information which the party proposing the relocation deems appropriate.
  10. A counter-affidavit as provided under subsection (d)(1) which can be used to object to the proposed relocation and the modification of a custody order.
  11.  A warning to the non-relocating party that if the non-relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of the notice, that party shall be foreclosed from objecting to the relocation.

If a party does not know all of the information required above at the time of sending the notice, they must promptly inform every person who received noticed.  See PA Section 5337(c)(4).  

Notice is to be given no later than the 60th day before the date of the proposed move or the 10th day after the date that the party proposing to move knows of the relocation, if that person could not have known about the the relocation in time to comply and it is not reasonable to delay the relocation.  The other party will have 30 days to object to the relocation.