Child custody relocation, once an area of the law dictated primarily by case law, has been codified in 23 Pa. C.S. Section 5337 since 2011 and sets forth the comprehensive procedures and substantive standards for parties and courts to follow when involved in child custody cases dealing with relocation of children. Relocation is defined in the law as “a change in a residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights.” The relocation statute naturally differentiates between the respective procedural duties and evidentiary burdens of the “party proposing relocation” and the “non-relocating party.”

All child custody cases must be decided by courts after a presentation, consideration and a written decision based upon a set of 16 factors that seek to determine what is in the best interest of the child. These factors, which are set forth in 23 Pa.C.S. Section 5328(a), address a host of concerns that examine, among other things, past abuse, the parties’ relationships with the child and each other and the need for stability. In relocation cases, that analysis is expanded by another set of factors as set forth in 23 Pa.C.S. Section 5337(h)(2). The relocation factors touch upon many of the themes found in the 16 factors in Section 5328(a) that address a child’s best interest but expand the analysis to examine, most significantly, the impact that a relocation may make on a child’s educational and emotional development, and the impact that the relocation may have on the child’s quality of life. In a relocation case, both sets of factors must be addressed and set forth in the court order.

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